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Situation of disproportionate pressure or ineffectiveness of the asylum and reception systems

1. The Council, on the basis of a proposal from the Commission under Article 15(7), may adopt without delay a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(2) to be taken by the Agency to support a Member State and requiring that Member State to cooperate with the Agency in the implementation of those measures, where the asylum or reception system of that Member State is rendered ineffective to the extent of having serious consequences for the functioning of the CEAS and where:

(a) the asylum or reception system of that Member State is subject to disproportionate pressure that places an exceptionally heavy and urgent demand on that system and that Member State does not take sufficient action to address that pressure, including by not requesting operational and technical assistance under Article 16(1), point (a), (b) or (c), or by not agreeing to a proposal of the Agency to provide such assistance on its own initiative under Article 16(1), point (d); or (b) that Member State does not comply with recommendations of the Commission referred to in Article 15(5). The Council shall transmit decisions as referred to in the first subparagraph to the European Parliament.

2. The Executive Director shall, within 3 working days of the date of adoption of a Council decision as referred to in paragraph 1, determine the details of the practical implementation of that Council decision. In parallel, the Executive Director shall draw up an operational plan and submit it to the Member State concerned. The Executive Director and the Member State concerned shall agree on the operational plan within 3 working days of the date of its submission.

3. The Agency shall deploy the necessary experts from the asylum reserve pool and experts from its own staff in accordance with Article 20(3). The Agency may deploy additional asylum support teams as necessary.

4. The Member State concerned shall comply with the Council decision referred to in paragraph 1. For that purpose, it shall cooperate with the Agency and immediately take the action necessary to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan, without prejudice to its competence to decide on individual applications for international protection.

5. For the purposes of this Article, the Member States shall make the experts from the asylum reserve pool available for deployment as determined by the Executive Director and shall not invoke the exceptional situation referred to in Article 19(3) or (8). The host Member State shall not deploy experts forming part of its fixed contribution to the asylum reserve pool.