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1. When the number of applicants that are subject to the asylum border procedure in a Member State at any given moment, in combination with the number of persons subject to a return border procedure established pursuant to Regulation (EU) 2024/1349 or, where applicable, an equivalent return border procedure established under national law, is equal to or exceeds the number set out in respect of that Member State in the Commission implementing act referred to in Article 47(1), first subparagraph, that Member State may notify the Commission of the fact.

2. Where a Member State notifies the Commission in accordance with paragraph 1, by way of derogation from Article 45(1), that Member State is not required to examine in a border procedure applications made by applicants as referred to in Article 42(1), point (j), at the moment when the number of applicants that are subject to the border procedure in that Member State is equal to or exceeds the number referred to in Article 47(1), first subparagraph.

3. The measure provided for in paragraph 2 shall be applied on an inflow-outflow basis and the Member State concerned shall be required to continue examining in a border procedure applications made by applicants as referred to in Article 42(1), point (j), as soon as the number of applicants that are subject to the border procedure in that Member State at any given moment is lower than the number referred to in Article 47(1), first subparagraph.

4. The measure provided for in paragraph 2 may be applied by a Member State for the remainder of the same calendar year starting from the day following the date of the notification under paragraph 1.