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The explanatory memorandum to the draft law which led to the Law of 15 August 2019 stated, in particular: ‘The amendment to Paragraph 62a(1) means that, temporarily, in accordance with Article 18(1) of Directive 2008/115, individuals detained for the purpose of removal will not have to be kept in specialised detention facilities. Detention for the purpose of removal may, temporarily, take place in all detention facilities and, up to a maximum of 500 places, in prisons. It is still necessary to keep individuals detained for the purpose of removal separate from ordinary prisoners. The current rule regarding the accommodation to be provided for several members of the same family, set out in the third and fourth sentences of Paragraph 62a(1), as well as the requirements of Articles 16 and 17 of Directive 2008/115, remain applicable. In addition, the question as to whether prison accommodation is acceptable and lawful must still be considered in each particular case, for example, for individuals belonging to a vulnerable group. It is planned that the judicial authorities of the [Federal States] will make up to 500 places available for individuals detained for the purpose of removal, so that, taking into account the planned increase in the number of places in detention for the purpose of removal in the detention facilities of the [Federal States], approximately 1000 places in all will be available for detention for the purpose of removal. … Article 18(1) of Directive 2008/115 provides for the derogation, in emergency situations, from the separation requirement under Article 16(1) and from the requirement that families are to be provided with separate accommodation under Article 17(2). … The condition that must be met in order to make use of the derogation under Article 18(1) is that an exceptionally large number of third-country nationals to be returned places an excessive burden on the capacities of detention facilities or on the administrative or judicial staff. That condition is met in Germany’s case. Existing capacity in Germany (as at 27 March 2019) stands at approximately 487 places in detention for the purpose of removal across the Federal territory. Given the imbalance between the number of individuals under an enforceable obligation to leave the territory and the number of places in detention for the purpose of removal, an excessive burden is clearly being placed on those existing capacities. That excess over capacity is in fact creating a significant bottleneck which is impeding the implementation of enforceable obligations to leave the territory. Existing places in detention for the purpose of removal are already being best utilised at Federal level, through coordination among the [Federal States]. The Gemeinsame Zentrum zur Unterstützung der Rückkehr [(Joint Return Support Centre) (“the ZUR”)], created in 2017, is also endeavouring to improve the management of places in detention for the purpose of removal. The rate of places in detention that are occupied, across the Federal territory, through the intermediary of the ZUR, runs at about 10 percent. This means that, in practice, a large number of applications for detention cannot be submitted, even if the requisite conditions are satisfied. Furthermore, it was not foreseeable that demand would so outstrip capacity. The number of newly arriving applicants for protection having steadily decreased in the years up to 2015, the [Federal States] had, over the years, adapted capacities in detention for the purpose of removal to the then lesser demand, by decreasing the number of places. In response to the change in the situation in 2015 and the surge in the number of applicants for protection, the primary obligation of the Federal and State governments was to create capacity to meet the needs of individuals. That obligation arises, inter alia, from EU law, in particular, Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ 2013 L 180, p. 96) and Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9), as well as the Convention for the Protection of Human Rights and Fundamental Freedoms. In those circumstances, the processing of new arrivals took priority over increasing detention capacity, the aim being to meet the requirements of Directive 2008/115 at a later date (following completion of the asylum application and appeal procedure). The very aim of the derogation rule laid down in Article 18 [of that directive] is to enable the authorities, in such situations, to give priority to the processing of new arrivals, without foreseeably infringing obligations in the future. … Once the exceptional situation had ended, the [Federal States] immediately began to increase detention capacities and they have already been able to increase the number of places in detention to 487 for the whole of the Federal territory (as at 27 March 2019). Given the time usually needed to complete a construction project or to create detention facilities for the purpose of removal, it has not yet been possible to bring the number of places in detention for the purpose of removal completely into line with current needs. Given the measures taken, it may be expected that the number of places in detention for the purpose of removal will meet those needs by 30 June 2022. The exceptional situation will continue until that date and, consequently, it is necessary to repeal Paragraph 62a(1), as currently worded, until that date. The legislation currently applicable will then enter into force once more.’