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(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons, frame a common policy on asylum and migration, external border control and returns, and prevent unauthorised movements between Member States, based on solidarity and fair sharing of responsibility between Member States, which is also fair towards third-country nationals and stateless persons and in full respect of fundamental rights.

(2) A comprehensive approach is required, with the objective of reinforcing mutual trust between Member States, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and implemented in an integrated manner.

(3) The Union and its Member States could be confronted with migratory challenges that can vary greatly, in particular with regard to the scale and the composition of the arrivals. It is therefore essential that the Union be equipped with a variety of tools to respond to all types of situations. The comprehensive approach as outlined in Regulation (EU) 2024/1351 of the European Parliament and of the Council , including through partnerships with relevant third countries, should ensure that the Union has at its disposal specific rules to manage migration effectively, in particular with regard to the triggering of a mandatory solidarity mechanism, and that all the necessary measures are put in place to prevent crises from happening. This Regulation sets out rules that are complementary to that approach as well as to the rules set out in Council Directive 2001/55/EC , which can be used at the same time.

(4) Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis or force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States. Such exceptional situations can include the mass arrivals of third-country nationals and stateless persons in the territory of one or more Member States, or a situation of instrumentalisation of migrants by a third country or a hostile non-state actor with the aim of destabilising the Member State or the Union, or a situation of force majeure in the Member State. In those circumstances, it is possible that the measures and flexibility provided under Regulation (EU) 2024/1351 and Regulation (EU) 2024/1348 of the European Parliament and of the Council are not sufficient to address such exceptional situations. Those exceptional situations are different from those in which a Member State faces a significant migratory situation due to the cumulative effect of arrivals on its well-prepared asylum, reception and migration system or where a Member State is under migratory pressure because of the scale of arrivals which, while not reaching the levels of mass arrivals, nevertheless creates disproportionate obligations on its well-prepared systems, and for which situations Regulation (EU) 2024/1351 provides for relevant measures. Furthermore, this Regulation does not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

(5) This Regulation intends to enhance the preparedness and resilience of the Union to manage situations of crisis and to facilitate operational coordination, capacity support and the availability of funding in situations of crisis.

(6) This Regulation ensures the effective application of the principle of solidarity and fair sharing of responsibility between Member States and the adaptation of the relevant rules on asylum procedure, including the application of the expedited procedure so that the Member States and the Union have the necessary legal tools at their disposal to react swiftly to situations of crisis and force majeure, including the adaptation of the timelines to carry out all procedures.

(7) This Regulation ensures that Member States receive full support in situations of crisis and force majeure, including through the solidarity mechanism that ensures a fair sharing of responsibility and a balance of efforts between Member States in situations of crisis.

(8) This Regulation respects the fundamental rights of third-country nationals and stateless persons and observes the principles recognised by the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular the respect and protection of human dignity, prohibition of torture and inhuman or degrading treatment or punishment, respect for private and family life, the principle of the best interests of the child, the right to asylum and protection in the event of removal, expulsion or extradition, as well as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (the ‘Geneva Convention’). This Regulation should be implemented in compliance with the Charter and general principles of Union law as well as with international law. In order to reflect the primary consideration that must be given to the best interests of the child, in line with the 1989 United Nations Convention on the Rights of the Child, and the need to respect family life, as well as to ensure the protection of the health of the persons concerned, safeguards should be applied in respect of minors and their family members, and of applicants for international protection (‘applicants’) whose state of health requires specific and adequate support. The rules and guarantees set out in Regulation (EU) 2024/1348 should continue to apply in respect of persons subject to the derogations provided for in this Regulation, except where this Regulation provides otherwise. The rules set out in Directive (EU) 2024/1346 of the European Parliament and of the Council , including those concerning the detention of applicants, should continue to apply from the moment an application for international protection is made.

(9) This Regulation does not provide for derogations from the rules and guarantees, including those related to material reception conditions, under Directive (EU) 2024/1346. A Member State in a situation of crisis should provide for additional and sufficient human and material resources to be able to meet its obligations under that Directive.

(10) The rules and guarantees set out in Regulations (EU) 2024/1356 , (EU) 2024/1358 and (EU) 2024/1347 of the European Parliament and of the Council and in Directive (EU) 2024/XXX of the European Parliament and of the Council should continue to apply irrespective of derogations applied under this Regulation. Member States should apply the measures provided for in this Regulation only in accordance with the conditions to which those measures are subject, as provided for in the relevant Council implementing decision adopted pursuant to this Regulation and where strictly necessary and proportionate.

(11) The adoption of measures under this Regulation in respect of a particular Member State should be without prejudice to the possibility to apply Article 78(3) of the Treaty on the Functioning of the European Union (TFEU).

(12) Mass arrivals of third-country nationals or stateless persons could lead to a situation where a Member State is not in a position to process the applications for international protection of third-country nationals and stateless persons in accordance with the rules set out in Regulation (EU) 2024/1351 and Regulation (EU) 2024/1348, and that has consequences for the functioning of the asylum and migration system, not only in that Member State but in the Union as a whole. Therefore, it is necessary to lay down specific rules and mechanisms that should enable effective action to address such situations.

(13) Member States should have sufficient human and financial resources and infrastructure to implement asylum and migration management policies effectively. Member States should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States to ensure that their asylum, reception, including child protection services, or return system is well prepared, including preparedness and contingency planning and that each component has sufficient capacity.

(14) A situation of instrumentalisation could arise where a third country or a hostile non-state actor encourages or facilitates the movement of third-country nationals or stateless persons to the external borders of the Union or to a Member State, where such actions are indicative of an intention of a third country or a hostile non-state actor to destabilise the Union or a Member State, and where such actions are liable to put at risk essential functions of a Member State, including the maintenance of law and order or the safeguard of its national security.

(15) Situations in which non-state actors are involved in organised crime, in particular smuggling, should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.

(16) Humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.

(17) Without prejudice to measures applicable under other policy fields and legal instruments, to ensure an immediate and appropriate response to hybrid threats in accordance with Union law and international obligations, this Regulation focuses on the specific measures applicable in the area of migration aimed at addressing the situations of instrumentalisation.

(18) In a situation of instrumentalisation, third-country nationals and stateless persons could apply for international protection at the external border or in a transit zone of a Member State, often being persons apprehended in connection with unauthorised crossings of the external border by land, sea or air or who are disembarked following search and rescue operations. This can lead, in particular, to an unexpected significant increase in the caseload of applications for international protection at the external borders. In that regard, effective and genuine access to the international protection procedure must be ensured in accordance with Article 18 of the Charter and the Geneva Convention.

(19) As regards Cyprus, Council Regulation (EC) No 866/2004 provides for specific rules that apply to the line between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises effective control and those areas in which it does not exercise effective control. Although that line does not constitute an external border, a situation where a third country or a hostile non-state actor encourages or facilitates the movement of third-country nationals or stateless persons to cross that line should be considered as instrumentalisation, if all the other elements of instrumentalisation are present.

(20) A Member State can also be faced with abnormal and unforeseeable circumstances outside its control, the consequences of which could not have been avoided in spite of the exercise of all due care. Such situations of force majeure could prevent the Member State from complying with its obligations under Union law and could have consequences not only in that Member State, but in the Union as a whole. Examples of a situation of force majeure include, among others, pandemics and natural disasters.