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Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  12

CELEX:  32024R1351

Commission proposal for a Council implementing act establishing the Annual Solidarity Pool
1. Each year, on the basis of and together with the Report referred to in Article 9, the Commission shall submit a proposal for a Council implementing act establishing the Annual Solidarity Pool necessary to address the migratory situation in the upcoming year in a balanced and effective manner. That proposal shall reflect the annual projected solidarity needs of the Member States under migratory pressure.
2. The Commission proposal referred to in paragraph 1 shall identify the total annual numbers of required relocations and financial contributions for the Annual Solidarity Pool at Union level, which shall be at least:
(a) 30 000 for relocations;
(b) EUR 600 million for financial contributions. The Commission proposal referred to in paragraph 1 of this Article shall also set out annual indicative contributions for each Member State by applying the reference key set out in Article 66 with a view to facilitating the exercise to pledge its solidarity contributions (the ‘pledging exercise’) pursuant to Article 13.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  12

CELEX:  32024R1351

3. When identifying the level of the Union-wide responsibility to be shared by all Member States and the consequent level of solidarity, the Commission shall take into account relevant qualitative and quantitative criteria, including, for the relevant year, the overall number of arrivals, the average recognition rates as well as the average return rates. The Commission shall also take into account that the Member States which will become benefitting Member States pursuant to Article 58(1) are not obliged to implement their pledged solidarity contributions. The Commission may identify a higher number for relocations and financial contributions than those provided for in paragraph 2 of this Article and may identify other forms of solidarity as set out in Article 56(2), point (c), depending on the need for such measures arising from the specific challenges in the area of migration in the Member State concerned. In order to preserve the equal value of the different types of solidarity measures, the ratio between the numbers set out in paragraph 2, points (a) and (b), of this Article shall be maintained.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  12

CELEX:  32024R1351

4. Notwithstanding paragraph 2 of this Article, in exceptional situations, where the information provided by the Member States and the relevant Union bodies, offices and agencies pursuant to Article 9(2), or the consultations carried out by the Commission pursuant to Article 11(1) do not indicate a need for solidarity measures for the upcoming year, the Commission proposal referred to in paragraph 1 of this Article shall take this duly into account.
5. Where the Commission has identified in an implementing decision as referred to in Article 11 that one or more Member States are under migratory pressure as a result of large numbers of arrivals stemming from recurring disembarkations following search and rescue operations, taking into account the specificities of the Member States concerned, the Commission shall set out the indicative percentage of the Annual Solidarity Pool to be made available to those Member States.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  12

CELEX:  32024R1351

6. The Commission shall adopt the proposal referred to in paragraph 1 of this Article by 15 October each year and transmit it to the Council. The Commission shall simultaneously transmit that proposal to the European Parliament. Until the adoption of the Council implementing act referred to in Article 57, the Commission proposal referred to in paragraph 1 of this Article shall not be made public. It shall be classified ‘RESTREINT UE/EU RESTRICTED’ and shall be handled as such in accordance with Council Decision 2013/488/EU .