BETA

93 Amendments of Cornelia ERNST related to 2020/0277(COD)

Amendment 82 #
Draft legislative resolution
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal and refers the text back to the Commission;
2022/01/28
Committee: LIBE
Amendment 85 #
Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeureemergency in the field of migration and asylum (Text with EEA relevance)
2022/01/28
Committee: LIBE
Amendment 90 #
Proposal for a regulation
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, and immigration and external border control, based on solidarity between Member States, which is fair towards third-country national, based on the fair sharing of responsibility and solidarity between Member States, which fully respects and guarantees the rights of third-country nationals as well as stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons.
2022/01/28
Committee: LIBE
Amendment 97 #
Proposal for a regulation
Recital 1 a (new)
(1a) An effective implementation of the EU asylum acquis in full respect of the fundamental rights of applicants and a fair sharing of responsibility are essential elements of a well-functioning system of Union asylum. In situations of emergency, a Member State should not derogate from the EU asylum acquis, but be supported by other Member States through a mandatory relocation mechanism.
2022/01/28
Committee: LIBE
Amendment 99 #
Proposal for a regulation
Recital 2
(2) ToIn this end, a comprehensive approach is required with the objective of building mutual trust between Member Statese light of the disproportionate responsibility being put on first Member States of entry under Regulation (EU) 604/2013, it is necessary to design a new system in full respect of Article 78(1) TFEU based on a fair share of responsibility and solidarity between Member States for applications for international protection.
2022/01/28
Committee: LIBE
Amendment 105 #
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happennew system should ensure a mandatory and automatic solidarity mechanism based on relocation of applicants and that all the necessary measures are put in place to prevent an emergency situation to happen. The mandatory solidarity mechanism should be effective and ensure that applicants have swift access to the procedures for granting international protection. Such a mechanism should ensure that family and other meaningful links of the applicants are taken into account.
2022/01/28
Committee: LIBE
Amendment 113 #
Proposal for a regulation
Recital 4
(4) Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis or force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States.deleted
2022/01/28
Committee: LIBE
Amendment 124 #
Proposal for a regulation
Recital 5
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisisemergency in the field of asylum. It should ensure, in particular, the effective application of the principle of solidarity and fair sharing of responsibility, and the adaptation of the relevant rules on asylum and return proceduress well as the granting of prima facie international protection, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out thoseasylum procedures in situations of emergency.
2022/01/28
Committee: LIBE
Amendment 135 #
Proposal for a regulation
Recital 6
(6) A mass influx of persons crossing the border irregularly anddisproportionate arrival of persons with the intention to apply for international protection within a short period of time may lead to a situation of crisisemergency in a particular Member State. That may also have consequences for the functioning of the asylum and migration system, not only in that Member State but in the Union as a whole, due to unauthorised movements andincluding due to the lack of capacity in theany Member State of first entry would face in a similar situation, to process the applications for international protection of such third-country nationals. It is necessary to lay down specific rules and mechanisms that should enable eff. It is necessary to lay down a common framework for the automatic distribution of applicants for international protectiveon action to address such situross the European Union, including after a Search and Rescue operations.
2022/01/28
Committee: LIBE
Amendment 143 #
Proposal for a regulation
Recital 7
(7) In addition to situations of crisis, Member States may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all due care. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protection or carrying out the procedures for determining the Member State responsible for examining an application for international protection. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the solidarity mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessary.deleted
2022/01/28
Committee: LIBE
Amendment 150 #
Proposal for a regulation
Recital 7 a (new)
(7a) A situation of emergency should allow for the triggering of the full set of measures provided for in this Regulation.
2022/01/28
Committee: LIBE
Amendment 153 #
Proposal for a regulation
Recital 8
(8) The solidarity mechanism for situations of migratory pressure as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] should be adapted to the specific needs of situations of crisis by extending the personal scope of the solidarity measures provided for in that Regulation and setting shorter deadlines.deleted
2022/01/28
Committee: LIBE
Amendment 158 #
Proposal for a regulation
Recital 9
(9) The adoption of measures in respect of a particular Member State should be without prejudice to the possibility for the Council to adopt provisional measures on a proposal from the Commission pursuant to Article 78(3) of the Treaty on the Functioning of the European Union in the event of an emergency situation in a Member State characterised by a sudden inflow of third- country nationals.deleted
2022/01/28
Committee: LIBE
Amendment 165 #
Proposal for a regulation
Recital 10
(10) In order to ensure a swift access to the asylum procedure and quickly help alleviate the pressure faced by a Member State in a situation of crisisemergency, the scope of relocation should include all categories of applicants for international protection, including persons granted immediate protection, as well as beneficiaries of international protection and irregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally staying third-country following their consent to be relocated to another Member State and persons granted prima facie international fprom the benefitting Member State if the person concerned does not return or is not removed within four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management]tection. The mechanism should be also applicable to people disembarked following search and rescue operations.
2022/01/28
Committee: LIBE
Amendment 174 #
Proposal for a regulation
Recital 11
(11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out relocation and return sponsorship should be applied for the purpose of ensuring the proper implementation of the solidarity measures in a situation of crisis, although they should be adjusted in order to take into account the gravity and urgency of that situation.deleted
2022/01/28
Committee: LIBE
Amendment 180 #
Proposal for a regulation
Recital 12
(12) In situations of crisisemergency, Member States might need a wider set of measures in order to manage a mass influxdisproportionate arrival of third- country nationals in an orderly fashion and contain unauthorised movements. Such measures should include the application ofa mandatory and asylum crisis management procedure and a return crisis management procedureutomatic relocation mechanism, a light procedure to determine the Member State responsible and a procedure for the granting of prima facie international protection.
2022/01/28
Committee: LIBE
Amendment 189 #
Proposal for a regulation
Recital 12 a (new)
(12a) Recognising refugee status on a prima facie basis has been a common practice of both States and UNHCR for over 60 years. A prima facie approach means the recognition by a State or UNHCR of refugee status on the basis of readily apparent, objective circumstances in the country of origin or, in the case of stateless asylum-seekers, their country of former habitual residence. A prima facie approach acknowledges that those fleeing these circumstances are at risk of harm that brings them within the applicable refugee definition.
2022/01/28
Committee: LIBE
Amendment 191 #
Proposal for a regulation
Recital 12 b (new)
(12b) The consideration of third-country nationals fleeing climate change, should also be taken into account, where appropriate, in the determination of the specific groups of applicants, eligible for being granted prima facie international protection. Member States are encouraged to grant in such cases a humanitarian status or any other status available under national law.
2022/01/28
Committee: LIBE
Amendment 193 #
Proposal for a regulation
Recital 12 c (new)
(12c) An EU relocation coordinator will be responsible for improving coordination between Member States in the implementation of the mandatory solidarity mechanism. The coordinator would work closely with the Asylum Agency who would provide the technical support by establishing the reference key for the distribution of asylum seekers, developing information material and be responsible for the transfer of applicants, and beneficiaries of international protection, including prima facie beneficiaries, in all cases provided under this Regulation.
2022/01/28
Committee: LIBE
Amendment 194 #
Proposal for a regulation
Recital 12 d (new)
(12d) The European Union Asylum Agency should assist the EU relocation coordinator by determining the Member States responsible based on the criteria set out in this Regulation and ensuring the transfer to the Member State responsible. All applicants for international protection should be distributed in a proportionate manner among the Member States while fully taking into account family and other meaningful links of the applicants in the determination of the Member State responsible. Where Member States are themselves benefitting Member States, they should not be obliged to be a contributing Member State.
2022/01/28
Committee: LIBE
Amendment 195 #
Proposal for a regulation
Recital 12 e (new)
(12e) A distribution key based on the size of the population, the economy of the Member States and the unemployment rate should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State and ensure a fair sharing of responsibilities among Member States. The European Union Asylum Agency should establish this distribution key and set up an automated system to implement the solidarity mechanism. In case no criteria based on family and meaningful links can be applied, and the motivated application to any Member States based on other links was rejected, the applicant should be relocated to Member States which are below their share of applications on the basis of the distribution key. In such case, the applicant can choose between the 5 Member States with the lowest share of applications. After the transfer, the Member State of allocation should examine the application as the Member State responsible.
2022/01/28
Committee: LIBE
Amendment 196 #
Proposal for a regulation
Recital 12 f (new)
(12f) A Member State should be able, at its own initiative or at the request of another Member State, to provide additional relocation places on a voluntary basis to assist that Member State. In order to incentivise voluntary solidarity through additional relocations, those relocations should be supported financially by the AMIF fund.
2022/01/28
Committee: LIBE
Amendment 197 #
Proposal for a regulation
Recital 12 g (new)
(12g) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System. That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. If no family or other meaningful links can be found during the procedure of the determination of the Member State responsible, the applicant should be able to make a written, duly motivated request to be relocated to any Member States, in particular on the basis of cultural or social ties, language skills or other links that could facilitate his or her integration into a specific Member State and could not be taken into account under meaningful links as defined in this Regulation. These applications would be submitted by the determining Member State to these Member States, who would then apply the discretionary clause.
2022/01/28
Committee: LIBE
Amendment 198 #
Proposal for a regulation
Recital 12 h (new)
(12h) In situations of emergency, it is crucial to invest in the early provision of accessible information to applicants so that they will understand the procedures linked to this regulation. The Asylum Agency should in this regard develop suitable information material, in close cooperation with national authorities. In order to assist applicants, the agency should also develop audio-visual information material complementary to written information material. The information material should be translated and made available in all the major languages spoken by applicants for international protection arriving in the Union. As different categories of applicants have differing information needs, information would need to be provided in different ways and adapted to those needs, including for persons with disabilities. It is particularly important to ensure that minors have access to child- friendly information that is specific to their needs and situation.
2022/01/28
Committee: LIBE
Amendment 199 #
Proposal for a regulation
Recital 12 i (new)
(12i) Particular attention should be paid to identifying victims of trafficking in human beings, including directly after a Search and Rescue operation in order to offer protection and prevent them from being trafficked further into the Union. Suspicion of trafficking should be sufficient to transfer the person to a safe shelter.
2022/01/28
Committee: LIBE
Amendment 200 #
Proposal for a regulation
Recital 12 j (new)
(12j) A personal interview with the applicant should be organised in order to identify whether the applicant is eligible for prima facie international protection or facilitate the determination of the Member State responsible for examining the application for international protection unless the information provided by the applicant is sufficient and the applicant does not request to be heard. As soon as the application for international protection is made, the applicant should be informed about the application of this Regulation, and the procedures and criteria being used to determine a Member State responsible. The applicant should be informed of the necessity to present all information which is relevant for determining the Member State responsible, in particular the presence of family members or relatives in the Member States, as well as former residence, visas and educational diplomas. The applicant should be fully informed about his or her rights, including the right to effective remedy and free legal assistance. The information to the applicant should be provided in a language that he or she understands, in a concise, intelligible, and easily accessible form, using clear and plain language.
2022/01/28
Committee: LIBE
Amendment 201 #
Proposal for a regulation
Recital 12 k (new)
(12k) The person conducting the personal interview should have received sufficient training to take account of the personal and general circumstances of the applicants, including their cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Staff interviewing applicants should also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indicators showing that the person may have been tortured or victim of gender- based violence in the past.
2022/01/28
Committee: LIBE
Amendment 202 #
Proposal for a regulation
Recital 12 l (new)
(12l) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.
2022/01/28
Committee: LIBE
Amendment 203 #
Proposal for a regulation
Recital 12 m (new)
(12m) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge, and for carrying out transfers, should be short, while respecting the fundamental rights of applicants, the rights of vulnerable persons, in particular the rights of the child and the fundamental principle of the best interests of the child as well as the right to family reunification and the right to an effective remedy. Unaccompanied minors and families with minors, as well as vulnerable applicants should have their transfers prioritised.
2022/01/28
Committee: LIBE
Amendment 204 #
Proposal for a regulation
Recital 12 n (new)
(12n) In order to ensure family unity, the processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. The processing together of the applications of a family is without prejudice to the right of an applicant to make an application individually.
2022/01/28
Committee: LIBE
Amendment 205 #
Proposal for a regulation
Recital 12 o (new)
(12o) The definition of a family member in this Regulation should include the sibling or siblings as well as members of households that existed in the country of origin of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore also include families formed outside the country of origin.
2022/01/28
Committee: LIBE
Amendment 206 #
Proposal for a regulation
Recital 12 p (new)
(12p) In order to ensure full compliance with the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion unless it is demonstrated that this is not in the best interest of the child. Before transferring a minor to another Member State, the transferring Member State should obtain individual guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer a minor should be preceded by an assessment of his or her best interests by a multidisciplinary team with the necessary qualifications and expertise and the participation of his or her representative and legal advisor.
2022/01/28
Committee: LIBE
Amendment 207 #
Proposal for a regulation
Recital 12 q (new)
(12q) In times of emergency, it is crucial to simplify the rules on evidence to allow for a swifter family reunification. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary to establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. The best interests of the child should be a primary consideration throughout the family reunification procedure involving children, which must be completed in a positive, humane and expeditious manner.
2022/01/28
Committee: LIBE
Amendment 208 #
Proposal for a regulation
Recital 12 r (new)
(12r) Where a person states that he or she has a previous legal residence in a Member State, that Member State should be responsible for the examination of the application and a swift transfer should be made. In times of emergency, a light procedure of proof should be established to ensure a swift transfer.
2022/01/28
Committee: LIBE
Amendment 209 #
Proposal for a regulation
Recital 12 s (new)
(12s) Where a person states to have meaningful links to different Member States, the person should be able to choose to which Member State make the request to be responsible.
2022/01/28
Committee: LIBE
Amendment 210 #
Proposal for a regulation
Recital 12 t (new)
(12t) To increase the prospects of integration and facilitate the administrative processing of applications for international protection, it is beneficial to ensure that applicants who wish to be transferred together can register and be transferred under the automated distribution mechanism as a group to one Member State rather than to be split up between several Member States. The applicants themselves should be able to determine their group and can have the choice between the five Member States with the lowest share of applications in accordance with the distribution mechanism. Where an applicant qualifies for reunification with family members or other meaningful links or a Member State has chosen to assume responsibility for the application under the discretionary provisions of this Regulation, including upon the motivated request of the applicant, the applicant should not be able to form part of a group in the context of the automated distribution mechanism. Where an applicant belonging to a group cannot be transferred because of, for example health reasons, it should be possible to transfer the other members of the group or parts of the group to the Member State of allocation before the applicant who cannot be transferred. Once the obstacles to the transfer of the remaining applicant are resolved he or she should be transferred to the same Member State as the rest of the group.
2022/01/28
Committee: LIBE
Amendment 211 #
Proposal for a regulation
Recital 12 u (new)
(12u) A personal interview with the applicant should be organised in order to determine whether the applicant is eligible for prima facie international protection or facilitate the determination of the Member State responsible for examining an application for international protection unless the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does explicitly request not to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them and of the necessity to presenting all information which is relevant to determining the Member State responsible, in particular the presence of family members in the Member States and other meaningful links. The applicant should also be fully informed about his or her rights, including the right to an effective remedy and legal assistance. The information should be provided in a language that he or she understands and can communicate in, in a concise, transparent, intelligible and easily accessible form, using clear and plain language.
2022/01/28
Committee: LIBE
Amendment 212 #
Proposal for a regulation
Recital 12 v (new)
(12v) A person should not be held in detention on the basis of this Regulation. Detention or confinement of children, whether unaccompanied or within families, is never in their best interests and always constitutes a child’s rights violation. It should therefore be prohibited.
2022/01/28
Committee: LIBE
Amendment 213 #
Proposal for a regulation
Recital 12 w (new)
(12w) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments and simplifying the processing of take charge requests.
2022/01/28
Committee: LIBE
Amendment 214 #
Proposal for a regulation
Recital 12 x (new)
(12x) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez- passer for take charge requests; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
2022/01/28
Committee: LIBE
Amendment 215 #
Proposal for a regulation
Recital 13
(13) In order to allow Member States to deal with large numbers of applications for international protection in situations of crisis, a longer time limit should be set for registering the applications for international protection made during such situations of crisis. Such an extension should be without prejudice to the rights of asylum applicants guaranteed by the Charter of Fundamental Rights of the European Union.deleted
2022/01/28
Committee: LIBE
Amendment 220 #
Proposal for a regulation
Recital 14
(14) In order to ensure that Member States have the necessary flexibility when confronted with a large influx of migrants expressing the intention to apply for asylum, the application of the border procedure, established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should be broadened, and an asylum crisis management procedure should allow Member States to take a decision in the framework of a border procedure also on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection Union- wide is 75% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border procedure as provided by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] but could extend the application of the border procedure to nationals who come from third countries where the EU-wide average recognition rate is above 20% but under 75%.deleted
2022/01/28
Committee: LIBE
Amendment 227 #
Proposal for a regulation
Recital 15
(15) The screening of third-country nationals according to the rules laid down in Regulation (EU) No XXX/XXX [Screening Regulation] should apply with the possibility to extend the 5-day deadline by another five days, as specified in that Regulation.deleted
2022/01/28
Committee: LIBE
Amendment 233 #
Proposal for a regulation
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible and in any event the periods of time should only be prolonged by an additional period not exceeding eight weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection.deleted
2022/01/28
Committee: LIBE
Amendment 241 #
Proposal for a regulation
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the return of illegally staying third-country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain and are not allowed to remain, by providing the competent national authorities with the necessary tools and sufficient time-frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third- country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.deleted
2022/01/28
Committee: LIBE
Amendment 247 #
Proposal for a regulation
Recital 18
(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eight weeks. During that period, it should be possible to keep the illegally staying third-country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.deleted
2022/01/28
Committee: LIBE
Amendment 255 #
Proposal for a regulation
Recital 19
(19) In order to allow for the proper management of a crisis situation and ensure a proper adaptation of the relevant rules on the asylum and return procedure, the Commission should, by way of an implementing decision, authorise concerned Member States, upon their reasoned request, to apply relevant derogatory rules. Such an implementing decision could authorise one or more requesting Member States to derogate from the relevant rules.deleted
2022/01/28
Committee: LIBE
Amendment 264 #
Proposal for a regulation
Recital 20
(20) The Commission should examine a reasoned request submitted by a Mand the European Parliament should assess a situation of ember State whilegency taking into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management]. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1s well as reports by UNHCR, IOM, and evidence- based factual reports from other organisations.
2022/01/28
Committee: LIBE
Amendment 269 #
Proposal for a regulation
Recital 21
(21) In order to provide Member States with additional time needed to deal with the situation of crisis and at the same time ensure an effective and as quick as possible access to the relevant procedures and rights, the Commission should authorise the application of the asylum crisis management procedure and the return crisis management procedure for a period of six months, which could be extended up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protection.deleted
2022/01/28
Committee: LIBE
Amendment 277 #
Proposal for a regulation
Recital 22
(22) For the same reasons, the Commission should authorise the application of derogatory rules as regards the registration deadline for a period not exceeding four weeks, which should be renewable upon a new reasoned request submitted by the Member State concerned. The total period of application should nonetheless not exceed twelve weeks.deleted
2022/01/28
Committee: LIBE
Amendment 294 #
Proposal for a regulation
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latest from its suspension.deleted
2022/01/28
Committee: LIBE
Amendment 306 #
Proposal for a regulation
Recital 24
(24) Persons granted immediate protection should continue to be considered as applicants for international protection, in view of their pending application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management].deleted
2022/01/28
Committee: LIBE
Amendment 310 #
Proposal for a regulation
Recital 25
(25) Member States should ensure that beneficiaries of immediate protection status have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable and equivalent to those enjoyed by beneficiaries of subsidiary protection.deleted
2022/01/28
Committee: LIBE
Amendment 320 #
Proposal for a regulation
Recital 26
(26) In order to carry out a proper assessment of applications for international protection submitted by beneficiaries of immediate protection, the asylum procedures should resume at the latest after one year from the suspension of such procedures.deleted
2022/01/28
Committee: LIBE
Amendment 331 #
(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediateprima facie international protection status in crisis situations of emergency to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed. _________________ 25 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12.)
2022/01/28
Committee: LIBE
Amendment 340 #
Proposal for a regulation
Recital 28
(28) Specific rules should be set out for situations of force majeure, to allow Member States to extend the time limits set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] under strict conditions where it is impossible to comply with those time limits due to the extraordinary situation. Such extension should apply to the time limits set out for sending and replying to take charge requests and take back notifications as well as the time limit to transfer an applicant to the Member State responsible.deleted
2022/01/28
Committee: LIBE
Amendment 345 #
Proposal for a regulation
Recital 28 a (new)
(28a) Directive XXX/XXX/EU [Reception Conditions Directive recast] of the European Parliament and of the Council should apply to all procedures regulated under this Regulation.
2022/01/28
Committee: LIBE
Amendment 346 #
Proposal for a regulation
Recital 29
(29) Specific rules should also be set out for situations of force majeure, to allow Member States to extend the time limits relating to registration of applications for international protection in Regulation (EU) XXX/XXX [Asylum Procedures Regulation], under strict conditions. In these cases, applications for international protection should be registered by that Member State at the latest four weeks from when they are made.deleted
2022/01/28
Committee: LIBE
Amendment 353 #
Proposal for a regulation
Recital 30
(30) In such situations of force majeure, the Member State concerned should notify the Commission and, where applicable, the other Member States, of its intention to apply the respective derogations from those time limits, as well as the precise reasons for their intended application, as well as the period of time during which they will be applied.deleted
2022/01/28
Committee: LIBE
Amendment 356 #
Proposal for a regulation
Recital 31
(31) In situations of force majeure, which render it impossible for a Member State to comply with the obligation to undertake solidarity measures within the timeframes established in the Regulation (EU) XXX/XXX [Asylum and Migration Management] and this Regulation, it should be possible for that Member State to notify the Commission and the other Member States of the precise reasons for which it considers that it is facing such a situation and extend the timeframe for undertaking solidarity measures.deleted
2022/01/28
Committee: LIBE
Amendment 362 #
Proposal for a regulation
Recital 32
(32) Where a Member State is no longer facing a situation of force majeure, it should, as soon as possible, notify the Commission, and where applicable, the other Member States, of the cessation of the situation. The time limits derogating from Regulation (EU) XXX/XXX [Asylum and Migration Management] should not be applied to new applications for international protection made or for third- country nationals or stateless persons found to be illegally staying after the date of that notification. Upon such notification, the time limits laid down in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should start to apply.deleted
2022/01/28
Committee: LIBE
Amendment 370 #
Proposal for a regulation
Recital 33
(33) To support Member States as well as regional and local authorities who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.
2022/01/28
Committee: LIBE
Amendment 374 #
Proposal for a regulation
Recital 33 a (new)
(33a) The Member State facing the situation of emergency in the field of asylum should be provided upon request with financial, technical and capacity support by the Asylum Agency and additional emergency funding, that should be complementary and additional to existing funding and support. Such funding should include funding for search and rescue operations. Additional emergency funding should be conditional upon the compliance of the Member state with fundamental rights of third country nationals.
2022/01/28
Committee: LIBE
Amendment 383 #
Proposal for a regulation
Recital 34
(34) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission regarding the establishment of the decision on a situation of emergency, and definition of categories eligible for prima facie international protection. In accordance with the principles laid down in the Interinstitutional agreement of 13 April 2016 on Better Law Making, the European Parliament should be equally involved as the Council in the preparation of delegated acts and have the same access to meetings and documents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . _________________ 26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers, (OJ L 55, 28.2.2011, p. 13).
2022/01/28
Committee: LIBE
Amendment 386 #
Proposal for a regulation
Recital 35
(35) The examination procedure should be used for the adoption of solidarity measures in situations of crisis for authorising the application of derogatory procedural rules, and for triggering the granting of immediate protection status.deleted
2022/01/28
Committee: LIBE
Amendment 392 #
Proposal for a regulation
Recital 36
(36) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of crisis present in Member States.deleted
2022/01/28
Committee: LIBE
Amendment 395 #
Proposal for a regulation
Recital 36 a (new)
(36a) Bearing in mind the importance of identifying infringements of EU asylum acquis at the earliest stage possible, the Commission should monitor on a constant basis potential infringements, and report yearly on the implementation of EU asylum acquis in each Member State. The Commission should initiate infringement procedures in case of non compliance. In times of emergency, particular attention should be paid to the access to the asylum procedure on EU's territory as well as at the EU's external borders, the fulfilment of relocations obligations by other Member States as well as the compliance with the Receptions Conditions Directive.
2022/01/28
Committee: LIBE
Amendment 400 #
Proposal for a regulation
Recital 37 a (new)
(37a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.
2022/01/28
Committee: LIBE
Amendment 407 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeureemergency in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and (EU) XXX/XXX [Asylum Procedures Regulation] and in Directive XXX [recast Return Directive]in such situations. Its aim is to support Member States in such situations by sharing responsibility among Member States and simplifying procedures for international protection and relocation.
2022/01/28
Committee: LIBE
Amendment 411 #
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
2. For the purposes of this Regulation, a situation of crisis is to be understood as:emergency is to be understood as an exceptional situation that entails a considerable number of people arriving over an international border, a rapid rate of arrival, inadequate absorption or response capacity in a Member State, particularly during the emergency and individual asylum procedures which are unable to deal with the assessment of such large numbers.
2022/01/28
Committee: LIBE
Amendment 426 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) an imminent risk of such a situation.deleted
2022/01/28
Committee: LIBE
Amendment 434 #
Proposal for a regulation
Chapter II – title
II Solidarity mechanismDetermination of the situation of emergency
2022/01/28
Committee: LIBE
Amendment 438 #
Proposal for a regulation
Article 2
1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs. 2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one] month. 3. By way of derogation from Articles 51(1), 52(3) and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadlines set in those provisions shall be shortened to one week. 4. By way of derogation from Article 51(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management] the report referred to therein shall indicate whether the Member State concerned is in a situation of crisis as defined in Article 1(2)(a) of this Regulation. 5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2). 6. By way of derogation from Article 54 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the share calculated in accordance with the formula set out in that Article shall also apply to measures set out in Article 45(2), points (a) and (b) of that Regulation. 7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.Article 2 deleted Solidarity in situations of crisis
2022/01/28
Committee: LIBE
Amendment 469 #
Proposal for a regulation
Article 2 a (new)
Article 2 a Assessment of a situation of emergency 1. The Commission shall assess whether a Member State is in a situation of emergency as defined in Article 1 in any of the following cases: (a) the Member State has informed the Commission in a detailed request that it considers itself to be in a situation of emergency; (b) the Commission considers that the Member States may be in a situation of emergency ; (c) the European Parliament or the Council considers that the Member State is in a situation of emergency. 2. When assessing whether a Member State is in a situation of emergency the Commission shall consult the Asylum Agency, the Fundamental Rights Agency as well as international organisations, in particular the Council of Europe Commissioner for Human Rights, UNHCR and IOM, and take into account the information provided to them. 3. The Commission shall consult the Member State concerned during its assessment. 4. The Commission shall immediately notify the European Parliament, the Council and the Member State concerned that it is undertaking such an assessment. 5. An assessment of a situation of emergency shall take into account the following elements: (a) the number of applications for international protection by third-country nationals and the nationality of the applicants; (b) the number of unaccompanied minors; (c) the information provided by the Member State concerned, including concerning its capacity to process the increased requests for international protection, to provide reception to all persons, including to persons with specific procedural and reception needs and unaccompanied minors; (d) the support provided by the Asylum Agency to the Member state potentially in a situation of emergency.
2022/01/28
Committee: LIBE
Amendment 472 #
Proposal for a regulation
Article 2 b (new)
Article 2 b Decision on a situation of emergency 1. The Commission shall adopt a reasoned decision on a situation of emergency following the request for an assessment carried out pursuant to Article 2a, no later than 7 days after the notification, and submit it to the European Parliament and the Council. 2. In its decision to be adopted by means of a delegated act, the Commission shall include: (a) recommendations to the Member State concerned to improve its reception and processing capacities in order to fulfil its obligations under the EU acquis, including possible additional support from the Asylum Agency, UNHCR and IOM; (b) the categories of persons to be eligible for the prima facie international protection procedure; (c) the expected timeframe for the implementation of the mandatory relocation mechanism.
2022/01/28
Committee: LIBE
Amendment 474 #
Proposal for a regulation
Article 2 c (new)
Article 2 c End of a situation of emergency When the Commission assesses that a Member State is no longer in a situation of emergency, the Commission shall adopt a delegated act to determine that the situation of emergency has ended, following the same procedure as for the assessment of the emergency.
2022/01/28
Committee: LIBE
Amendment 478 #
Proposal for a regulation
Chapter III – title
III Asylum and return proceduresresponsibility-sharing and solidarity in a situation of crisisemergency
2022/01/28
Committee: LIBE
Amendment 480 #
2022/01/28
Committee: LIBE
Amendment 514 #
Proposal for a regulation
Article 3 a (new)
Article 3 a EU Relocation coordinator 1. With a view to supporting the implementation of the distribution mechanism under this Regulation, the Commission shall appoint an EU Relocation coordinator, who will coordinate the relocation from the benefitting Member State to the contributing Member States. 2. In its tasks, the EU Relocation coordinator should be assisted by an Office in order to support coordination between the Member States to ensure the streamlining of procedures. 3. The EU relocation coordinator would be supported by the Asylum Agency who is tasked to calculate the distribution key, to set up and manage the automated software to distribute applicants for international protection according to the criteria set in this Regulation.
2022/01/28
Committee: LIBE
Amendment 517 #
Proposal for a regulation
Article 3 b (new)
Article 3 b Determination of the Member State responsible for the processing of the asylum applications in a situation of emergency 1. In a situation of emergency, Member States shall ensure that third-country nationals or stateless persons, who apply on the territory of any one of them, including at the border or in the transit zones, shall swiftly determine a Member State responsible for processing the application for international protection according to the criteria set out in Regulation (EU) XXX/XXX [Asylum and Migration Management]. 2. To this end, the determining Member State shall set up a light procedure where there are, prima facie, sufficient indicators showing that they are likely to have family or other meaningful links to a particular Member State. The assessment of the determining Member State shall be based on information provided by the applicant or relatives present in another Member State. The authorities of the Member State where the applicant could have a link shall assist the determining Member State in answering any questions or providing documents as swiftly as possible. The light procedure based on prima facie indicators should apply to the following cases: (a) where the applicant states to have a family member, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State; (b) where the applicant states to have had a previous residence or visa in a Member State; (c) where the applicant states to have studied in a Member State; The determining Member State shall ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members or meaningful links unless such a claim can be verified by that Member State following his or her transfer. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members or other meaningful links in the Member State indicated by the applicant, it shall be concluded that, prima facie, there are sufficient indicators in order to be transferred to another Member State. The determining Member State shall notify the Member State responsible. The requested Member State shall acknowledge its responsibility after considering all available circumstantial evidence, including photos, proof of contact and witness statements to make a fair appraisal of the relationship. Failure to respond to the take charge request within two weeks shall be tantamount to confirming the request. The transfer shall be facilitated by the issuance of a laissez-passer. The determining Member State shall transfer all the information provided by the applicant to the Member State of allocation using the 'DubliNet' electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. 3. Where the applicant has links in different Member States, the applicant shall be able to choose the Member State where she or he wants to be transferred and be responsible for examining the application for international protection. 4. If after transfer, it is determined that the conditions for family reunification and meaningful links are not met, the Member State of allocation shall ensure that the applicant is relocated to another Member State responsible in accordance with the procedure laid down in Article 3c of Chapter III of this Regulation. 5. Where it is not possible to determine a Member State responsible based on family or other meaningful links, the Member State responsible shall be determined according to the procedure set out in Article 3c of Chapter III of this Regulation. 6. Any Member State can proactively request to take charge of an applicant, in particular on humanitarian grounds based in particular on family, health, cultural or social considerations, language skills or other meaningful links which would facilitate his or her integration. The persons concerned must express their consent in writing. 7. An applicant may also request the determining Member State to contact other Member States to transfer a duly motivated request to process his or her application. The requested Member State(s) shall indicate, within two weeks of receipt of the request, whether it intends to assume responsibility for the application for international protection. Where the requested Member State accepts the request, it shall become the Member State responsible. The Member State where the application for international protection was lodged shall ensure that the applicant is transferred to the Member State responsible. 8. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall inform both the minor and the representative with the same modalities.
2022/01/28
Committee: LIBE
Amendment 520 #
Proposal for a regulation
Article 3 c (new)
Article 3 c Automatic allocation of applicants without meaningful links 1. Where the Member State responsible cannot be determined based on family or other meaningful links, the determining Member State shall communicate to the applicant that his or her application for international protection will be examined by a Member State of allocation. 2. On the basis of the distribution key referred to in Article 3d, a short list of five Member States with the lowest number of applicants relative to their share pursuant to that distribution key shall be determined by means of the automated system. 3. The determining Member State shall communicate the short list referred to in paragraph 2, together with information about the Member States on that short list, to the applicant. Within five days of that communication the applicant shall be given the opportunity to select a Member State of allocation among the five Member States included in the short list. If the applicant does not select a Member State in accordance with the first subparagraph of this paragraph, the determining Member State shall allocate the applicant to the Member State on the short list with the lowest number of applicants relative to their share pursuant to the distribution key referred to in Article 3d when the list was compiled in accordance with paragraph 2 of this Article. 4. Paragraphs 1, 2 and 3 shall apply mutatis mutandis in the case where applicants have registered as families, relatives or groups of applicants having requested to be registered as travelling together. In cases where a unanimous selection cannot be reached between the members of the group, each of the members of the former group shall be able to select a Member State of allocation, from the list drawn up for the former group, in accordance with paragraph 2. Where a selection is not communicated to the determining authorities within the five days, the applicant shall be allocated to the Member State with the lowest number of applicants relative to their share pursuant to the distribution key referred to in Article 3d when the list was compiled in accordance with paragraph 2. 5. The applicant shall have the right to an effective remedy enshrined in Article 47 of the Charter, in the form of an appeal or a review, in fact and in law, against a transfer decision or a decision to reject a take charge request, before a court or tribunal. No transfer shall take place before the decision on the appeal or review is taken. 6. Without prejudice to the applicant's right to choose his or her own legal advisor or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance and intercultural mediation, at all stages of the procedure provided for in this Regulation.
2022/01/28
Committee: LIBE
Amendment 523 #
Proposal for a regulation
Article 3 d (new)
Article 3 d Reference key The share of relocation contributions by each contributing Member State shall be calculated by the Asylum Agency, in accordance with the following formula for each Member State, according to the latest available Eurostat data: (a) the size of the population (40% weighting) (b) the total GDP (40% weighting) (c) the unemployment rate (20% weighting)
2022/01/28
Committee: LIBE
Amendment 525 #
Proposal for a regulation
Article 3 e (new)
Article 3 e Relocation in a situation of emergency 1. Relocation contributions for the benefit of a Member State including subject to disembarkations following search and rescue operations shall consist of the following types: (a) relocation of applicants for the examination of an application for international protection; (b) relocation of beneficiaries of prima facie international protection; (c) relocation of beneficiaries of international protection who have been granted international protection less than three years ago upon the request of the beneficiary of international protection. 2. The procedural requirements for relocation detailed in Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply to relocation in a situation of emergency, unless specified otherwise in this Regulation. 3. The benefitting and contributing Member States shall keep the Commission and the Asylum Agency informed on the implementation of additional relocation pledges taken on a bilateral level, beyond the contributions set out under the automatic distribution mechanism. 4. The EU Relocation coordinator shall coordinate the operational aspects of the implementation of the distribution mechanism with the technical support of the Asylum Agency.
2022/01/28
Committee: LIBE
Amendment 529 #
Asylum crisis management procedure 1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, as regards applications made within the period during which this Article is applied, derogate from Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows: (a) By way of derogation from Article 41(2)(b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 75% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]; (b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eight weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.rticle 4 deleted
2022/01/28
Committee: LIBE
Amendment 545 #
Return crisis management procedure 1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain and are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows: (a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third- country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum eight weeks; (b) By way of derogation from Article 41a(7) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the period of detention set in that Article shall not exceed the period referred to in point (a); (c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third- country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive. 2. Paragraph 1 shall also apply to applicants, third-country nationals and stateless persons subject to the procedure referred to in Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] whose application has been rejected before the adoption by the Commission of a decision issued in accordance with Article 3 of this Regulation, and who have no right to remain and are not allowed to remain after the adoption of that decision.Article 5 deleted
2022/01/28
Committee: LIBE
Amendment 567 #
Proposal for a regulation
Article 6
Registration of applications for international protection in situations of In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].Article 6 deleted crisis
2022/01/28
Committee: LIBE
Amendment 575 #
Proposal for a regulation
Article 7
Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum 1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall notify the Commission. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than four weeks from when they are made. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied. 2. Where a Member State referred to in paragraph 1 is no longer facing a situation of force majeure as referred to in that paragraph which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall, as soon as possible, notify the Commission of the termination of the situation. After such notification, the extended time limit set out in paragraph 1 shall no longer be applied.Article 7 deleted Procedures Regulation]
2022/01/28
Committee: LIBE
Amendment 582 #
2022/01/28
Committee: LIBE
Amendment 591 #
Proposal for a regulation
Article 9
Extension of the timeframes for solidarity 1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation, it shall notify the Commission and the other Member States without delay. The Member State concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. After such notification, by way of derogation from the timeframes established by those Articles, the timeframe for undertaking solidarity measures established in those Articles shall be suspended for a maximum period of six months. 2. Where a Member State is no longer facing a situation of force majeure, that Member State shall immediately notify the Commission and the other Member States of the cessation of the situation. After such notification, the extended timeframe set out in paragraph 1 shall cease to apply.Article 9 deleted measures
2022/01/28
Committee: LIBE
Amendment 602 #
Proposal for a regulation
Chapter V – title
V Granting of immediateprima facie international protection
2022/01/28
Committee: LIBE
Amendment 608 #
Proposal for a regulation
Article 10
Granting of immediate protection status 1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State. 2. Member States shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to beneficiaries of subsidiary protection. 3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year. 4. The Commission shall, by means of an implementing decision: (a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3; (b) establish that there is a need to suspend the examination of applications for international protection; (c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1; (d) establish the date from which this Article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection status shall be granted.Article 10 deleted
2022/01/28
Committee: LIBE
Amendment 659 #
Proposal for a regulation
Article 10 a (new)
Article 10 a Granting of prima facie international protection status 1. In a situation of emergency as referred in Article 1 of this Regulation, Member States shall grant prima facie international protection to applicants from a specific country of origin or, in the case of stateless asylum-seekers, their country of former habitual residence, or specific groups of applicants, on the basis of readily apparent, objective circumstances in the country of origin or their country of former habitual residence. A prima facie approach acknowledges that those fleeing these circumstances are at risk of harm that make them qualify to benefit from international protection under Regulation (EU) XXX/XXX [Qualification Regulation]. 2. Member States shall ensure that persons granted prima facie international protection benefit from refugee status and have access to all the rights set out in Regulation (EU) XXX/XXX [Qualification Regulation]. 3. Applicants that have been denied the granting of a prima facie international protection status shall have the right to effective remedy before a court or tribunal. 4. The decision to apply prima facie international protection procedure to a particular group of applicants shall be taken by the Commission, by means of a delegated act, and be reviewed regularly to see if other groups shall be added to the list based on updated country of origin information or on relevant specific groups and consultation with the UNHCR and the European Parliament. 5. A decision to end the situation of emergency shall not affect applicants in an ongoing procedure nor persons who have been granted such a status.
2022/01/28
Committee: LIBE
Amendment 661 #
Proposal for a regulation
Article 10 b (new)
Article 10 b Monitoring of the implementation of this regulation and fundamental rights 1. The Commission shall monitor the implementation of this Regulation through quarterly reports on persons being transferred to the different Member States and on the numbers of persons being granted prima facie international protection. This data shall be disaggregated by age, nationality, gender. In the event of delays in the implementation of relocation obligations, the Commission shall invite the Member States to fulfil their obligations within a period of less than 3 months. 2. On the basis of the annual Commission's yearly report on the implementation of EU asylum acquis to be provided under Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] as well as reports of the Asylum Agency, the European Union Agency for Fundamental Rights, the Council of Europe, UNHCR and other relevant stakeholders, the European Commission shall initiate infringement procedures in the event of repeated failure to comply with their relocation obligations under this Regulation or significant deficiencies are found in the management of procedures for examining asylum applications or reception measures of third country nationals or stateless persons who have been transferred. 3. All border management activities in Member States territories during emergency situations, whether performed by national authorities or relevant EU agencies, as well as any such activities performed by national authorities outside its territories and measures taken by Member States in emergency situations in asylum shall be monitored under the independent monitoring mechanism set up in Article 7 of the Regulation (EU) XXX/XXX [Screening Regulation].
2022/01/28
Committee: LIBE