[ParlTrack]

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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.

2022/01/28
Committee: LIBE

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Sophia IN 'T VELD, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

Proposal for a regulation
Recital 27

(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 immediate protection status in crisis situations 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.)deleted

2022/01/28
Committee: LIBE

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Sophia IN 'T VELD, Abir AL-SAHLANI, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Sophia IN 'T VELD, Abir AL-SAHLANI, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Sophia IN 'T VELD, Abir AL-SAHLANI, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Sophia IN 'T VELD, Abir AL-SAHLANI, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Sophia IN 'T VELD, Abir AL-SAHLANI, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

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

Ondřej KOVAŘÍK, Malik AZMANI

Proposal for a regulation
Article 1 – paragraph 2 – point a

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving ~~irregularly in~~on the territory of a Member State ~~or disemb~~comparked ~~on its territory following search and rescue operations, being of such a scale, in proportion to the population and GDP of the Member State concerned, and~~to the overall situation in the Union the mass influx is of a nature, that it renders the ~~Member State’s~~well- prepared asylum, reception orand return system non-functional and can have serious consequences for the functioning the Common European Asylum System ~~or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management]~~, or

2022/01/28
Committee: LIBE

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

Proposal for a regulation
Article 1 – paragraph 2 – point b

(b) an imminent risk of such a situation. which cannot be diminished by external dimension policies within the Union’s asylum and migration framework, including through the EU Migration Preparedness and Crisis Blueprint9a or before entry of the persons referred to in point (a). _________________ 9a Commission Recommendation of 23 September 2020 on an EU Mechanism for Preparedness and Management of Crises related to Migration (C(2020) 6469, 23.9.2020)

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK, Malik AZMANI

Proposal for a regulation
Article 1 – paragraph 2 – point b

(b) an imminent risk of such a situation which cannot be diminished by immediate actions in the external dimension or before entry of those persons.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK, Malik AZMANI

Proposal for a regulation
Article 2 – paragraph 1

1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations where measures according to Chapter III of this Regulation are not sufficient for managing the situation 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 4~~5(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~~7, Article 48 and Article 49.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK, Malik AZMANI

Proposal for a regulation
Article 2 – paragraph 4

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 or there is an imminent risk of such a situation as defined in Article 1(2)(b) of this Regulation.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK, Malik AZMANI

Proposal for a regulation
Article 2 – paragraph 5

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).deleted

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK, Malik AZMANI

Proposal for a regulation
Article 2 – paragraph 6

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.deleted

2022/01/28
Committee: LIBE

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

Proposal for a regulation
Article 2 – paragraph 6

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.

2022/01/28
Committee: LIBE

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Sophia IN 'T VELD, Abir AL-SAHLANI, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

Proposal for a regulation
Article 3 a (new)

Article 3 a Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] 1. In a situation of crisis, applications made within the period during which this Article is applied shall be registered no later than four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

2022/01/28
Committee: LIBE

Malik AZMANI, Dragoş TUDORACHE, Hilde VAUTMANS, Fabienne KELLER, Jan-Christoph OETJEN, Sophia IN 'T VELD, Abir AL-SAHLANI, Olivier CHASTEL, Moritz KÖRNER, Ondřej KOVAŘÍK

Proposal for a regulation
Article 3 b (new)

Article 3 b Extension of time limit for screening procedures 1. By way of derogation from Article 6(3) of Regulation (EU) XXX/XXX [Screening Regulation], the period during which a screening procedure is carried out may be extended by five days.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK, Malik AZMANI

Proposal for a regulation
Article 4 – paragraph 1 – point b

(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. The applicant may be detained under the conditions laid down by Directive XXX/XXX/EU [Reception Conditions Directive recast].

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK, Malik AZMANI

Proposal for a regulation
Article 5 – paragraph 1 – point c

(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.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK

Proposal for a regulation
Article 6 a (new)

Article 6 a Extension of time limits set out in Regulation (EU) XXX/XXX [Eurodac] In a crisis situation as referred to in Article 1(2), the time limit of 72 hours for transmitting biometric dataset out in Regulation (EU) XXX/XXX [Eurodac Regulation] shall be extended up to 7 days.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK

Proposal for a regulation
Article 6 b (new)

Article 6 b Extension of time limits set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] 1. Where a Member State is facing a crisis situation which renders it impossible to comply with the time limits set out in Articles 29, 30, 31 and 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State concerned shall notify the other Member States and the Commission. Such information shall indicate the precise reasons for which the Member State considers that this paragraph has to be applied. After such notification, by way of derogation from Articles 29, 30, 31 and 35 of that Regulation, that Member State shall: (a) submit a take charge request as referred to in Article 29 within four months of the date on which the application was registered; (b) reply to a take charge request as referred to in Article 30 within two months of receipt of the request; (c) submit a take back notification as referred to in Article 31 within one month of receiving the Eurodac hit or confirm the receipt within one month of such notification; (d) carry out a transfer as referred to in Article 35 within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation. 2. Where the Member State referred to in paragraph 1 does not comply with the time limits set out in paragraph 1, points(a), (b) and (d), the responsibility for examining the application for international protection pursuant to Regulation XXX/XXX [Asylum and Migration Management] shall lie with it or be transferred to it.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK

Proposal for a regulation
Article 7 – paragraph 1

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 and Article 34 (2) 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 and Article 34(2) 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 and an examination of the applications on the merits shall be concluded not later than one year. 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.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK

Article 7 a Extension of time limits set out in Regulation (EU) XXX/XXX [Eurodac] The time limit of 72 hours for transmitting biometric data set out in Regulation (EU) XXX/XXX [Eurodac Regulation] shall be extended up to 7 days.

2022/01/28
Committee: LIBE

Ondřej KOVAŘÍK

Proposal for a regulation
Article 8 – paragraph 3

3. Where a Member State is facing a situation of force majeure which renders it impossible to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management], it shall notify the other Member States and the Commission, indicating the precise reasons for such impossibility. In such cases, the requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer facing a situation of force majeure. Where, because of the persistence of the situation of force majeure or for any other reason, the transfer does not take place within ~~one~~two years of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.

2022/01/28
Committee: LIBE

29 Amendments of Ondřej KOVAŘÍK related to 2020/0277(COD)

ParlTrack - 2011-2024