How the EU manages migration in situations of crisis and force majeure
EU rules provide exceptional measures, flexibility and solidarity when situations of crisis or force majeure put pressure on member states' migration and asylum systems.
Crisis, instrumentalisation and force majeur
EU rules provide specific measures for exceptional situations that can put significant pressure on a member state's migration and asylum system. These situations can involve a crisis, including the instrumentalisation of migrants, or force majeure.
Crisis situations
A crisis situation is an exceptional situation involving mass arrivals of non-EU nationals or stateless people into a member state by land, air or sea, including people disembarked following search and rescue operations.
The key criterion is that the situation makes a member state's asylum, reception or return system non-functional, with serious consequences for the functioning of the common European asylum system as a whole.
Instrumentalisation of migrants
Instrumentalisation is a situation where a non-EU country or a hostile non-state actor encourages or facilitates the movement of non-EU nationals or stateless people to the EU's external borders or to a member state, with the aim of destabilising the EU or a member state.
To be considered instrumentalisation, such actions must be liable to put at risk essential functions of a member state, including the maintenance of law and order or the safeguarding of national security.
Force majeure situations
Force majeure refers to abnormal and unforeseeable circumstances outside a member state's control, the consequences of which could not have been avoided. Examples include natural disasters and pandemics.
Responding to crisis situations
When a member state faces a crisis, instrumentalisation or force majeure, it can request exceptional measures and additional solidarity and support from other member states and EU agencies.
Depending on the situation, derogations may apply to certain asylum procedure rules, while voluntary solidarity measures can support asylum and migration management. Fundamental rights and safeguards under EU law continue to apply.
The European Commission assesses the situation and, where the conditions are met, adopts an implementing decision establishing a situation of crisis or force majeure. For certain measures, the Commission can propose an implementing decision for adoption by the Council.
Once the relevant Council decision is adopted, the member state can apply the authorised derogations and benefit from the relevant solidarity measures.
Solidarity and support measures
Solidarity measures can take the form of:
the relocation of applicants for international protection and beneficiaries of international protection
financial contributions, including support provided in non-EU countries
alternative solidarity measures, such as capacity building, deployment of personnel or other operational support
These measures aim to prevent any member state from bearing a disproportionate share of the pressure on its asylum and migration system, while ensuring that all member states contribute to solidarity.
Responsibility offsets
If relocation and other solidarity measures do not cover all the needs identified, responsibility offsets can apply. A contributing member state may then take responsibility for asylum applications for which the member state facing the crisis would normally be responsible.
This may mean contributing more than its allocated share, with any additional contribution taken into account in future solidarity contributions.
Derogations from border and asylum procedures
Certain deadlines can be extended and specific derogations can apply to the normal asylum and border procedures. These measures provide additional flexibility while protecting applicants' rights.
Depending on the situation, this can include:
- more time to register applications for international protection – up to four weeks instead of seven days
- more time to complete the border procedure – up to 18 weeks instead of 12
- extended deadlines for determining which member state is responsible for an asylum application
- derogations from or an extension of the scope of the border procedure
In exceptionally severe mass-arrival situations, a member state may also be temporarily relieved of certain take-back obligations where its asylum system risks becoming non-functional.
In situations of instrumentalisation, the border procedure may apply to a wider group of applicants, while safeguards remain for certain groups, including children under 12, family members and people with specific procedural or reception needs.
Więcej informacji
Asylum and migration management
Pakt o migracji i azylu
Ostatnia aktualizacja: 24 września 2026
