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29 Amendments of Balázs HIDVÉGHI related to 2020/0277(COD)

Amendment 109 #
Proposal for a regulation
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, and 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 manageprevent a migration including the triggering of a compulsory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happecrisis to happen, principally with the effective protection of external borders and effective action in the external dimension of migration.
2022/01/28
Committee: LIBE
Amendment 155 #
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 adaptpplied based ton the specific needs of situations of crisis by extendprinciple of flexible solidarity. Member States should be able to choose the form of solidarity through which they wish to contribute. The border protection efforts of Member States and their efforts ing the personal scope of the solidarity measures provided for in that Regulaexternal dimension of migration should be considered as solidarity instruments. Relocation as well as return sponsorship should remain only voluntary instruments of solidarity. Capacity building contributions and setting shorter deadlines well as measures taken in the external dimension of migration should be taken into account as solidarity contributions.
2022/01/28
Committee: LIBE
Amendment 160 #
Proposal for a regulation
Recital 10
(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, 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 national from 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].deleted
2022/01/28
Committee: LIBE
Amendment 173 #
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 190 #
Proposal for a regulation
Recital 12 a (new)
(12a) In a crisis situation, Member States should be able to put in place and maintain a system where submitting an asylum application is only possible in the consulates of safe third countries and where those arriving at the external border sections wishing to submit an application there, but arrive via a safe third country, would be redirected to the consulate of that Member State in the neighbouring safe third country.
2022/01/28
Committee: LIBE
Amendment 245 #
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 CommissionEuropean Council 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.
2022/01/28
Committee: LIBE
Amendment 257 #
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,uncil, in full compliance with the decision of the European Council declaring a situation of crisis and setting out the exact range of measures to be applied in such situation, may 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.
2022/01/28
Committee: LIBE
Amendment 266 #
Proposal for a regulation
Recital 20
(20) The Commissionuncil should examine a reasoned request submitted by a Member State while 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. 1.
2022/01/28
Committee: LIBE
Amendment 273 #
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 shoulduncil, in full compliance with the decision of the European Council declaring a situation of crisis and setting out the exact range of measures to be applied in such situation, may 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
Amendment 280 #
Proposal for a regulation
Recital 22
(22) For the same reasons, the Commission shoulduncil, in full compliance with the decision of the European Council declaring a situation of crisis and setting out the exact range of measures to be applied in such situation, may 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.
2022/01/28
Committee: LIBE
Amendment 372 #
Proposal for a regulation
Recital 33
(33) To support Member States who undertake relocation as aany solidarity measure, financial support from the EU budget should be provided.
2022/01/28
Committee: LIBE
Amendment 381 #
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. 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).deleted
2022/01/28
Committee: LIBE
Amendment 387 #
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 393 #
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 410 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
1a. Upon the request of a Member State, the European Council may declare that a Member State is confronted with a situation of crisis and set out the exact range of measures to be applied in such situation.
2022/01/28
Committee: LIBE
Amendment 419 #
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 irregularllegally in a Member State or disembarked 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 nature, that it renders the Member State’s asylum, reception or 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
Amendment 443 #
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 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), Art. The form of solidarity contributions should be based on the free choicle 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second andof each contributing Member State, tailored to their individual capabilities and taking into account theird subparagraph national specificities.
2022/01/28
Committee: LIBE
Amendment 451 #
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
Amendment 459 #
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
Amendment 462 #
Proposal for a regulation
Article 2 – paragraph 7
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.deleted
2022/01/28
Committee: LIBE
Amendment 486 #
Proposal for a regulation
Article 3 – paragraph 1
1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State shall submit a reasoned request to the Commissionuncil for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary. (This amendment applies throughout Article 3)
2022/01/28
Committee: LIBE
Amendment 504 #
Proposal for a regulation
Article 3 – paragraph 6
6. The implementing decision referred to in paragraph 2 shall be adopted in accordance with the procedure referred to in Article 11(1).deleted
2022/01/28
Committee: LIBE
Amendment 515 #
Proposal for a regulation
Article 3 a (new)
Article 3 a Applications in safe third countries 1. In a crisis situation, Member States may put in place and maintain a system where submitting an asylum application is only possible in the consulates of safe third countries. 2. Those arriving at the external border of a Member State to submit an asylum application there, and who arrive via a safe third country, may be redirected to the consulate of the Member State in the neighbouring safe third country.
2022/01/28
Committee: LIBE
Amendment 607 #
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 668 #
Proposal for a regulation
Article 11 – title
Adoption of implementing actCouncil decisions
2022/01/28
Committee: LIBE
Amendment 672 #
Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall adopt implementinguncil may adopt acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection status in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
2022/01/28
Committee: LIBE
Amendment 680 #
Proposal for a regulation
Article 11 – paragraph 2
2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shalluncil may adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection status in accordance with Article 10. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).
2022/01/28
Committee: LIBE
Amendment 683 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. Any decision made by the Council should always fully respect the decision of the European Council determining the situation of crisis and the exact range of measures set out by the European Council to be applied in such situation.
2022/01/28
Committee: LIBE
Amendment 690 #
Proposal for a regulation
Article 12
1. For the implementing act referred to in Article 3, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.Article 12 deleted Committee procedure
2022/01/28
Committee: LIBE