34 Amendments of Annika BRUNA related to 2021/0427(COD)
Amendment 37 #
Proposal for a regulation
Recital 1
Recital 1
(1) A situation of instrumentalisation of migrants may arise where a third country or a non-state organisation, such as a non-governmental organisation (NGO), possibly on the pretext of conducting a humanitarian aid operation, instigates irregular migratory flows into the Union by actively encouraging or facilitating the movement of third country nationals to the external borders, onto or from within its territory and then onwards to those external borders, where such actions are indicative of an intention of a third country to destabilise the Union or a Member State, where the nature of such actions is liable to putof a third country or non-state organisation destabilise the Union or a Member State, for example by putting at risk essential State functions, including its territorial integrity, the maintenance of law and order or the safeguard of its national security.
Amendment 40 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Any body or organisation which takes part in organising or supporting countries that instrumentalise migration flows shall immediately be ineligible for any EU funding.
Amendment 43 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) One of the tools is the immediate suspension of all financial contributions from the European Union for countries instrumentalising migration flows and/or refusing the return of their citizens who have attempted to illegally cross one of the external borders of a Member State of the European Union.
Amendment 44 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 47 #
Proposal for a regulation
Recital 5
Recital 5
(5) To assist the Member State facing an instrumentalisation situation with the orderly management of the flows, under the emergency asylum management procedure, it should be possible for the Member State concerned to decide in relation to third-country nationals or stateless persons that have been apprehended or found in the proximity of the external border with the third country instrumentalising migrants after an unauthorised crossing or who have presented themselves at border crossing points, to register applications for international protection only at specific registration points designated for this purpose situated in the proximity of the border, and provide an effective possibility for lodimmediately return third-country nationals to the country of origing an application for international protection only at the specific points that have been designated for such purposes and which should be easily accessibled/or the country that instrumentalised migration flows. An effective and genuine access to the international protection procedure must be ensured in accordance with Article 18 of the Charter of Fundamental Rights of the European Union and the Geneva Convention of 28 July of 1951. To this end, the Member State concerned should ensure that sufficient registration points, which may include border crossing points, are designated and open for such purpose. Applicants should be duly informed about the locations where their application will be registered and can be lodged.
Amendment 50 #
Proposal for a regulation
Recital 6
Recital 6
(6) In a situation of instrumentalisation of migrants, it is essential to prevent the entry of those who do not fulfil entry conditions, while ensuring the protection of fundamental rights. In order to ensure that the Member State facing such a situation has the necessary flexibility and avoid that a hostile third country targets specific nationalities or specific categories of third-country nationals or stateless persons, it should be possible under the emergency migration and asylum management procedure set out in this Regulation for the Member State concerned to take a decision in the framework of the border procedure, as set out in Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] on admissibility and 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. The principles and guarantees set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation] have to be respectedm from crossing the border.
Amendment 52 #
Proposal for a regulation
Recital 7
Recital 7
(7) Where the emergency asylum management procedure is applied, the best interests of the child and the safeguards for applicants with serious medical conditions should be a primary consideration for the competent authorities. For this reason, the Member State facing a situation of instrumentalisation should exclude from the emergency asylum management procedure cases where there are serious and proven medical reasons for not applying the border procedure in line with Article 41(9)(c) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]. This should also be the case if the health problems become apparent during the examination of the application. The Member State concerned should also prioritise the examination of applications from persons whose claims are likely to be well-founded or from minors and their family members, as well as from unaccompanied minors. If during the screening under Regulation (EU) XXX/XXX [Screening Regulation]21or the examination of the application it becomes apparent that an applicant is in need of special procedural guarantees and adequate support cannot be provided in the context of the procedure at the border, in accordance with Article 41(9)(b) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the Member State concerned should not apply, or cease to apply, the emergency asylum management procedure at the border. _________________ 21 OJ C , , p. .
Amendment 54 #
Proposal for a regulation
Recital 8
Recital 8
(8) In accordance with Article 8(3)(d) of Directive XXX/XXX [Reception Conditions Directive recast], an applicant may be detained in order to decide, in the context of a procedure, on the applicant’s right to enter the territory. Article 8(2) of that Directive also provides that Member States may detain an applicant only, if other less coercive alternative measures – like restrictions to freedom of movement under its Article 7 – cannot be applied effectively. The rules and safeguards regarding detention set out in Directive XXX/XXX [Reception Conditions Directive recast], in particular those concerning unaccompanied minors, minors and their families should be respected. Alternatives to detention, such as restrictions in the freedom of movement in accordance with Article 7 of Directive XXX/XXX [Reception Conditions Directive recast], may be as effective as detention in a situation of instrumentalisation of migrants and should therefore be considered by the authorities, particularly for minors. In any case, if detention is applied and the guarantees and conditions for detention are not met or cannot be met at the border, the emergency asylum management procedure should not apply or should cease to apply, as foreseen in Article 41(9)(d) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 56 #
Proposal for a regulation
Recital 9
Recital 9
(9) In a situation of instrumentalisation of migrants, it should be possible for the Member State concerned to register applications for international protection within an extended period of four weeks. In addition, it should be possible to examine applications for international protection at the border for a maximum duration of sixteen weeks. If the decision on the application, including a decision on a possible appeal against a negative decision, which should not have automatic suspensive effect, is not taken within the sixteen weeks, entry to the territory should be granted, unless the person is subject to the return procedure. These procedural timelines are conceived to help the Member State concerned to deal with the situation of instrumentalisation of migrants. When confronted with such a situation, the Member State concerned need to divert resources to manage the third country nationals arriving at its borders or that are already present in its territory. As a result, in such situations, the Member State concerned may need time to reorganise their resources and increase their capacity, including with the support of the EU agencies. Furthermore, the number of applicants under the border procedure will be higher than under normal circumstances, and therefore the Member State facing a situation of instrumentalisation may need more time to be able to take decisions without allowing entry into the territory. However, the Member State concerned should prioritise the registration of applications of well-founded cases and unaccompanied minors and minors and their family membershall have the right to immediately return migrants to the country of origin and/or to the country that instrumentalised the flows.
Amendment 57 #
Proposal for a regulation
Recital 9
Recital 9
(9) In a situation of instrumentalisation of migrants, it should be possible for the Member State concerned to register applications for international protection within an extended period of four weeks. In addition, it should be possible to examine applications for international protection at the border for a maximum duration of sixteen weeks. If the decision on the application, including a decision on a possible appeal against a negative decision, which should not have automatic suspensive effect, is not taken within the sixteen weeks, entry to the territory should be granted, unless the person is subject to the return procedure. These procedural timelines are conceived to help the Member State concerned to deal with the situation of instrumentalisation of migrants. When confronted with such a situation, the Member State concerned need to divert resources to manage the third country nationals arriving at its borders or that are already present in its territory. As a result, in such situations, the Member State concerned may need time to reorganise their resources and increase their capacity, including with the support of the EU agencies. Furthermore, the number of applicants under the border procedure will be higher than under normal circumstances, and therefore the Member State facing a situation of instrumentalisation may need more time to be able to take decisions without allowing entry into the territory. However, the Member State concerned should prioritise the registration of applications of well- founded cases and unaccompanied minors and minors and their family members.
Amendment 60 #
Proposal for a regulation
Recital 10
Recital 10
(10) Any violent acts at the border must be avoided at all costs, not onlyThe border of a Member State shall be recognised as inviolable, in order to protect the territorial integrity and security of the Member State facing a situation of instrumentalisation but also to ensure the security and safety of the third-country nationals or stateless persons, including families and children that are awaiting their opportunity to apply for asylum in the Union peacefully. Where the Member State concerned is confronted at its external border with violent actions, including in the context of attempts by third country nationals to force entry en masse and using disproportionate violent means, the Member State concerned should be able to take the necessary measures in accordance with their national law to preserve security, law and order and the inviolability of their borders, and ensure the effective application of this Regulation.
Amendment 61 #
Proposal for a regulation
Recital 11
Recital 11
(11) Where a Member State is faced with a flow of third-country nationals or stateless persons at the border due to instrumentalisation, it might not be possible for the Member State in practice to ensure the material reception conditions normally required as the Member State’s capacities might be overstretched. For this reason, in a situation of instrumentalisation, the Member State concerned should be able to set modalities for material reception conditions that differ from those provided for in Directive XXX/XXX [Reception Conditions Directive recast] in cases other than those referred to in Article 17(9) of that Directive, while providing third-country nationals and stateless persons with temporary shelter which should be adapted to seasonal weather conditions and covering their basic needs, in particular by providing food, water, clothing, adequate medical care, and assistance to vulnerable persons, in full respect of the right to human dignity. Without prejudice to the obligations set in that regard upon Member States by this Regulation, Member States should also ensure access and allow for the provision of humanitarian assistance by the humanitarian organisations in line with the existing needs of the persons concernedwhere attempts are made to cross its borders illegally, the Member State shall be allowed to take exceptional measures.
Amendment 63 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 64 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 65 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 67 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 69 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 71 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 73 #
Proposal for a regulation
Article premier – paragraph 1 a (new)
Article premier – paragraph 1 a (new)
A ‘situation of instrumentalisation of migrants’ means a situation where a third country or non-state organisation, such as a non-governmental organisation (NGO), possibly on the pretext of conducting a humanitarian aid operation, encourages or facilitates the movement of third- country nationals or stateless persons to the external borders, as defined in Article 2(2) of Regulation (EU) 2016/0399, or to a Member State, thereby destabilising the Union or a Member State, for example by putting at risk essential functions of a Member State including the maintenance of law and order or the safeguarding of its national security.
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1 – point a – paragraph 1
Article 2 – paragraph 1 – point a – paragraph 1
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point b – paragraph 1
Article 2 – paragraph 1 – point b – paragraph 1
Amendment 88 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 90 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 92 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Member State facing a situation of instrumentalisation shall send a request to the Commissionuncil for support and solidarity contributions from other Member States specifying the solidarity measures requestedfrom the European Border and Coast Guard Agency, Europol and the European Union Agency for Asylum. These agencies shall intervene in accordance with the national legislation in force.
Amendment 99 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the solidarity provisions of Regulation (EU) XXX/XXX [Crisis and force majeure Regulation], the Commission, as soon as possible after receiving the request for support and solidarity measures as referred to in paragraph 2, shall invite other Member States to contribute by means of the support and solidarity measures referred to in paragraph 1 that correspond to the needs of Member State facing a situation of instrumentalisation. The Commission shall coordinate the support and solidarity measures referred to in this ArticlIn the event of a migration crisis, the Commission, at the request of the Council, shall make available the European Agencies whose assistance is sought by the requesting Member State.
Amendment 100 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where applying the derogations referred to in Articles 2, 3 and 4, the Member State concerned shall duly inform third-country nationals or stateless persons in a language which the third-country national or stateless person understands or is reasonably supposed to understand about the measures applied, the location of the registration points, including the border crossing points, accessible for registering and lodging an application for international protection, anillegality of their actions and the return to the country of origin and/or countries having instrumentalised the dumigration of the measureflows.
Amendment 103 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 104 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A Member State faced with the arrival of third-country nationals or stateless persons at its external border as a consequence of a situation of instrumentalisation of migrants, may request the authorisation to apply the derogations provided for in Articles 2, 3 and 4put up physical barriers to protect itself.
Amendment 106 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission considers it appropriate, on the basis of the information provided by the requesting Member State facing a situation of instrumentalisation of migrants, the Commissionuncil shall, without delay, make a proposal for a Counciln Implementing Decision referred to in paragraph 3and propose intervention by the European Border and Coast Guard Agency.
Amendment 107 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Council shall take the decision to immediately suspend all financial interventions by the European Union for countries instrumentalising migration flows and/or countries refusing the return of their citizens who have illegally crossed one of the external borders of a Member State of the European Union.
Amendment 109 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 112 #
Proposal for a regulation
Article 8
Article 8