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1. The budgetary resources available under Article 13 shall be broken down between the Member States as follows:

(a) at the start of the programming period, each Member State shall receive a fixed amount of EUR 8 000 000 from the Fund, with the exception of Cyprus, Malta and Greece, which shall each receive a fixed amount of EUR 28 000 000 ;

(b) the remaining budgetary resources referred to in Article 13 shall be distributed based on the following criteria:

— 35 % for asylum;

— 30 % for legal migration and integration;

— 35 % for countering irregular migration including returns.

2. The following criteria in the area of asylum shall be taken into account and shall be weighted as follows:

(a) 30 % in proportion to the number of persons who fall into one of the following categories:

— any third-country national or stateless person having been granted the status defined by the Geneva Convention relating to the Status of Refugees of 28 July 1951 as amended by the New York Protocol of 31 January 1967;

— any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive 2011/95/EU;

— any third-country national or stateless person enjoying temporary protection within the meaning of Directive 2001/55/EC ();

(b) 60 % in proportion to the number of third-country nationals or stateless persons who have applied for international protection;

(c) 10 % in proportion to the number of third-country nationals or stateless persons who are being or have been resettled in a Member State.

3. The following criteria in the area of legal migration and integration shall be taken into account and shall be weighted as follows:

(a) 50 % in proportion to the total number of legally residing third-country nationals in a Member State;

(b) 50 % in proportion to the number of third-country nationals who have obtained a first residence permit; however, the following categories of persons shall not be included:

— third-country nationals issued with a work-related first residence permit valid for less than 12 months;

— third-country nationals admitted for the purposes of studies, pupil exchange, unremunerated training or voluntary service in accordance with Council Directive 2004/114/EC () or, where applicable, Directive (EU) 2016/801 of the European Parliament and of the Council ();

— third-country nationals admitted for purposes of scientific research in accordance with Council Directive 2005/71/EC () or, where applicable, Directive (EU) 2016/801.

4. The following criteria in the area of countering irregular migration including returns shall be taken into account and shall be weighted as follows:

(a) 70 % in proportion to the number of third-country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the Member State and who are subject to a return decision under national law, i.e. an administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return;

(b) 30 % in proportion to the number of third-country nationals who have actually left the territory of the Member State following an administrative or judicial order to leave, whether undertaken voluntarily or under coercion.

5. For initial allocation the reference figures shall be based upon the annual statistical data produced by the Commission (Eurostat) covering the years 2017, 2018 and 2019 on the basis of data provided by Member States prior to the date of application of this Regulation in accordance with Union law. For the mid-term review, the reference figures shall be based upon the annual statistical data produced by the Commission (Eurostat) covering the years 2021, 2022 and 2023 on the basis of data provided by Member States in accordance with Union law. Where Member States have not supplied the Commission (Eurostat) with the statistical data concerned, they shall provide provisional data as soon as possible.

6. Before accepting the data referred to in paragraph 5 as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.