Activities of Elissavet VOZEMBERG-VRIONIDI related to 2020/0277(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council addressing situations of crisis in the field of migration and asylum
Amendments (46)
Amendment 94 #
Proposal for a regulation
Recital 1
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, immigration and external border control, based on solidarity and fair sharing of responsibility between Member States, which is also fair towards third- country nationals.
Amendment 106 #
Proposal for a regulation
Recital 3
Recital 3
(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 particular the triggering of a compulsory solidarity mechanism including mandatory relocation of applicants for international protection and that all the necessary measures are put in place to prevent crisis to happen.
Amendment 111 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to prevent and detect unauthorised migration and third-country nationals circumventing the border checks at the external border, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
Amendment 125 #
Proposal for a regulation
Recital 5
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 crisis and force majeure. 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 procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures.
Amendment 136 #
Proposal for a regulation
Recital 6
Recital 6
(6) A mass influx of persons crossing the border irregularly and within a short period of time may lead to a situation of crisis 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 and the lack of capacity in the Member State of first entry 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 effective action to address such situations, including mandatory relocation of applicants for international protection.
Amendment 141 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Such effective actions should be comprehensive and include, inter alia, operational, diplomatic, legal and financial measures to reduce and prevent the mass influx of third-country nationals and to support the affected Member State.
Amendment 146 #
Proposal for a regulation
Recital 7
Recital 7
(7) In addition tocertain situations of crisis, Member States may be faced with abnormal and unforeseeable circumstances outside their control, the consequunavoidable situations of force majeure due to the occurrences of which could not have been avoided in spite of the exercise of all due care. Such situations of force majeure coulan irresistible force beyond the control of the Member State concerned makeing it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulatpragmatically impossible for this Member State to perform its obligations under Union] and (EU) XXX/XXX [Asylum and Mmigration Management] for registering applications for international protection or carrying out the procedures flaw. Such situations of force majeure affecting a Member State could be the instrumentalisation of migrants at the EU external bor determining the Member State responsible for examining an appr by third countries instigating irregular migratory flows into the Union by actively encouraging or facilictation for international protectionng the movement of third-country nationals to the EU external borders. 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, including the mandatory relocation of applicants for international protection in such exceptional circumstances.
Amendment 157 #
Proposal for a regulation
Recital 8
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 and force majeure by extending the personal scope of the solidarity measures provided for in that Regulation and setting shorter deadlines.
Amendment 167 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of mandatory 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].
Amendment 184 #
Proposal for a regulation
Recital 12
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and contain unauthorised movementrol the external borders. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
Amendment 224 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In situations of instrumentalisation of migrants by third countries at the EU external borders, the Member State concerned may have the flexibility to take a decision in the framework of the border procedure on the admissibility and on the merits of all applications for international protection by third-country nationals or stateless persons apprehended or found in the proximity of the border with the third country after an unauthorised crossing or who presented themselves at border crossing points.
Amendment 230 #
Proposal for a regulation
Recital 15
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 five20 days, as specified in that Regulation.
Amendment 242 #
Proposal for a regulation
Recital 17
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 andor 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.
Amendment 249 #
Proposal for a regulation
Recital 18
Recital 18
(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain andor 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 eightanother 12 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.
Amendment 258 #
Proposal for a regulation
Recital 19
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 requestnotification, to apply relevant derogatory rules. Such an implementing decision could authorise one or more requesting Member States to derogate from the relevant rules.
Amendment 263 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should examine a reasoned request submitted by a Member State while takingassess a situation of crisis either by notification of the Member State concerned or on the basis of available information. The assessment should take 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.
Amendment 275 #
Proposal for a regulation
Recital 21
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 protectionntil the Member State concerned is no longer under the situation of crisis.
Amendment 281 #
Proposal for a regulation
Recital 22
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 four12 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.
Amendment 298 #
Proposal for a regulation
Recital 23
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.
Amendment 313 #
Proposal for a regulation
Recital 25
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.
Amendment 321 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 329 #
Proposal for a regulation
Recital 27
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 of crisis 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 repealedapply in parallel to this regulation. _________________ 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.)
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeure 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], when these regulations are not sufficient to deal with a situation of crisis and force majeure.
Amendment 416 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly 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 the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] is not sufficient to address the situation, which 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
Amendment 423 #
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
(a a) Force majeure is to be understood as an unavoidable situation of crisis, where an irresistible force beyond the control of a Member State occurs, making it pragmatically impossible for this Member State to perform its obligations under Union asylum and migration law.
Amendment 447 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis, solidarity response plans include the establishment of a mandatory relocation mechanism based on specific distribution criteria for each contributing Member State according to the latest available Eurostat data, in particular the size of the population (40% weighting), the total GDP (40% weighting) and the unemployment rate (20% weighting).
Amendment 448 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
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]three months.
Amendment 455 #
Proposal for a regulation
Article 2 – paragraph 5
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], mandatory 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).
Amendment 467 #
Proposal for a regulation
Article 2 – paragraph 7 a (new)
Article 2 – paragraph 7 a (new)
7a. In meeting its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast], the Member State in a situation of crisis shall receive support from the European Union funding, where necessary.
Amendment 483 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Where a Member State considers that it is facing a crisis situation of crisis as referred to in Article 1(2), that Member State shall submit a reasoned request to the Commissionwithout delay notify the Commission, the European Parliament and the Council for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.
Amendment 489 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where, on the basis of the examination carried out in accordance with paragraph 8, the Commission considers such a request justifiedthat the affected Member State is confronted with a situation of crisis, it shall, by means of an implementing decision, authorise the Member State concerned to apply the derogatory rules laid down in Articles 4, 5 or 6.
Amendment 494 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The implementing decision referred to in paragraph 2 shall be adopted within ten days from the requestnotification and shall set the date from which the rules laid down in Articles 4, 5 or 6 may be applied, as well as the time period for their application.
Amendment 502 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of fourtwelve weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned request to the Commission at the latest five days before the expiry of the fourtwelve-week period. The Commission may authorise the prolongation of the application of the rules laid down in Article 6 for an additional maximum period of four weeks, which shall be renewable once. The period of application shall not exceed twelventy weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2.
Amendment 507 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. When submitting the requestnotification referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this requestnotification by the Commission is concluded. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the requestnotification and for a period not exceeding 15 days. The Member State shall indicate in the requestnotification the reasons for which an immediate action is required. The Commission shall assess the situation in the Member State concerned and adopt the implementing decision referred to in paragraph 2 within the 15- day period.
Amendment 511 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The Commission shall examine the reasoned requestnotification pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031 , the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management], and other relevant information by Union bodies, agencies and offices. _________________ 31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11.)
Amendment 534 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) By way of derogation from Article 41(2)(a) and (b) and Article 41(5) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], in situations of instrumentalisation of migrants by third countries at the EU external borders, the Member State confronted with the arrival of third-country nationals or stateless persons at its external border as a consequence of such situations may take a decision in the framework of the border procedure on the admissibility and on the merits of all applications for international protection by third-country nationals or stateless persons apprehended or found in the proximity of the border with the third country after an unauthorised crossing or who presented themselves at border crossing points.
Amendment 539 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
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 eighttwelve 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.
Amendment 546 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
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 andor are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:
Amendment 553 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(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 eighttwelve weeks;
Amendment 561 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
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 but after the relevant notification of the affected Member State, and who have no right to remain andor are not allowed to remain after the adoption of that decision.
Amendment 570 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
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 fourtwelve weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 579 #
Proposal for a regulation
Article 7 – paragraph 1
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 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall without delay notify the Commission, the European Parliament and the Council. 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.
Amendment 620 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
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 and shall not prejudge recognition of refugee status under the Geneva Convention.
Amendment 629 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
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.
Amendment 635 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. With derogation from paragraph 1, Member States shall not grant a temporary residence permit if the third country national represents a danger to the national security or public order or policy of the Member State or to the internal security of the Union. If the person concerns represents such a danger, the Member State shall carry out the examination of the application for international protection in an accelerated border procedure.
Amendment 646 #
Proposal for a regulation
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persongroups of applicants referred to in paragraph 1;