38 Amendments of Pietro BARTOLO related to 2021/0427(COD)
Amendment 34 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal for a regulation of the European Parliament and of the Council addressing situations of instrumentalisation in the field of migration and asylum;
Amendment 35 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal for a regulation of the European Parliament and of the Council addressing situations of instrumentalisation in the field of migration and asylum;
Amendment 36 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2), (d) and (f(d) and Article 79(2)(c) thereof,
Amendment 39 #
Proposal for a regulation
Recital 1
Recital 1
(1) A situation of instrumentalisation of migrants may arise where a third country instigates irregular migratory flows into the Union by actively encouraging or facilitating the movement of third country naactively facilitating the movement of a comparatively large number of third country nationals in absolute terms and relative to the asylum capacity of the Member State in questionals 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 countryith the aim to destabilise the Union or a Member State, where the Member State affected can demostrate that the nature of such actions is liable to put at risk essential State functions, including its territorial integrity, the maintenance of law and order orand the safeguard of its national security.
Amendment 41 #
Proposal for a regulation
Recital 2
Recital 2
(2) This Rregulation follows the invitatconclusions of the European Council to the Commission in its conclusions of 22 October 2021 to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to the hybrid threat in of 22 October 2021 where it condems all hybrid attacks at the EU's borders and opposes any attempt by third countries to instrumentalinse with Union law and international obligations. Furthermore, it contributes to establishing a comprehensive and permanent framework to equip the Member Statmigrants for political purposes. Furthermore, it contributes to ensure a proper temporary adaptation of the relevant rules concerned with the necessary tools to respond effectively and swiftly to an instrumentalisation situation in full respect of fundamental rights and international obligations the asylum and migration in the case of instrumental use of migrants by a hostile third countries, in full respect of fundamental rights and international obligations, including refugee protection, human rights obligation and the prohibition of refoulement.
Amendment 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) One of those tools in this Regulation is the introduction of an emergency migration and asylum management procedureresponse in limited and well- defined circumstances providing the possibility for Member States to have recourse to legal tools to face future situations of instrumentalisation use of migrants by a hostile third country.
Amendment 45 #
Proposal for a regulation
Recital 4
Recital 4
(4) This RegulationIn the implementation of this Regulation. Member States are obliged to respects the fundamental rights and to observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Articles 1, 4, 7, 24, 18 and 19(2) and (2) thereof as well as the Geneva Convention of 28 July of 1951. In order to reflect, in particular, the primary consideration that must be given to the best interests of the child, the need to respect family life, and to ensure the protection of the health of the persons concerned, this Regulation provides for specific rules and safeguards applyingMember States should not be entitled to apply specific derogations laid down in this Regulation in respect of unaccompanied minors and minors and their family members, and of applicants whose state of health requires a specific and adequate support. The rules and guarantees set out in Regulation (EU) XXX/XXX19[1] [Asylum Procedure Regulation] should continue to apply in respect of persons subject to the asylum emergency management procedure, except where this Regulation provides otherwise. Tderogations laid down in this Regulation. Equally, the rules set out in Directive XXX/XXX [Reception Conditions Directive recast]20 [2], including those concerning the detention of applicants for international protection, should continue to apply, from the moment an application for international protection is made, except where this Regulation provides otherwise. _________________ 19 OJ C , , p. . 20 OJ C , , p. .
Amendment 46 #
Proposal for a regulation
Recital 5
Recital 5
(5) To assist the Member State facing an situation of instrumentalisation situation wiunder the the orderly management of the flows, under the emergencyemporary adaptation of the relevant rules on the asylum management procedured migration, 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 lodging an application for international protection only at the specific points that have been designated for such purposes. Member State should provide applicants with all the relevant information regarding the application of this Regulation in a language that they understand , and which should be easily accessible. 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 and easily accessible registration points, which may include border crossing points, are designated and open for such purpose, taking into account the vulnerabilities of persons who are themselves victims of the instrumentalisation. Applicants should be duly informed about the locations where their application will be registered and can be lodged and should be given all the relevant information regarding the application of this Regulation in a language that they can understand or are reasonably supposed to understand. The principle of non-refoulement continues to apply and an application for international protection may not be rejected for the sole reason that the applicant entered the territory of the Member State outside of an authorised border crossing point.
Amendment 49 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Member States should ensure that a sufficient number of registration points, including border crossing points, are designated, open and accessible for making, registering and lodging an application for international protection and that applicants are able to safely and legally reach them. Member States should ensure that the border guards and other competent authorities have the appropriative knowledge on international protection and have received the neceesary training.
Amendment 51 #
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 nootect fvulfil entry conditinerable persons, while ensuring the protection of fundamental rights and to provide support to other Member States in the form of solidarity contributions. 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 temergency migration and asylum management procedureporary procedure in response to the instrumental use of migrants by a hostile third country as 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 allan applications for international protection by third-country nationals where the applicant is of a nationality, or, in the case orf 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, is 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— 30% or lower, taking into account the rapidly evolving protection needs that may take place in the country of origin as reflected in the quarterly updates of Eurostat data. The principles and guarantees set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation] have to be respected.
Amendment 53 #
Proposal for a regulation
Recital 7
Recital 7
(7) Where the temergency asylum management procedureporary procedure in response to the instrumental use of migrants is applied, the best interests of the child and the safeguards for applicants with medical conditions and persons with special reception needs as set out in Directive XXX/XXX [Reception Conditions Directive recast] 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 medical reasons for not applyborder procedure derogation unaccompanied minors, minors and their family members, applicants with special reception needs as set out ing 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 minorsReception Conditions Directive and those with special procedural needs as set out in the Asylum Procedure Regulation, and where there are medical reasons for not applying the border procedure. This should also be the case if the health problems become apparent during the examination of the application. If during the screening under Regulation (EU) XXX/XXX [Screening Regulation]21 or 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 55 #
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 vulnerable persons as set out in Directive XXX/XXX [Reception Conditions Directive recast] and 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 58 #
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 and the solidarity measures of Member States. 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, vulnerable persons and unaccompanied minors and minors and their family members.
Amendment 59 #
Proposal for a regulation
Recital 10
Recital 10
(10) Any violent acts at the border must be avoided at all costs, not only 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 ensure the effective application of this Regulation.
Amendment 62 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to complement and ensure full coherence with the emergency asylum management procedure at the external border, the competent authorities of the Member State facing a situation of instrumentalisation of migrants should be provided with the necessary flexibility to carry out return procedures, following the application of an emergency asylum management procedure. For this reason, in a situation of instrumentalisation, the Member State concerned should be allowed to derogate from the application of Directive XXX/XXX [Return Directive recast]22 in relation to third-country nationals and stateless persons whose application for international protection was rejected in the context of an emergency asylum management procedure as set out in this Regulation. Where a subsequent application is made merely to delay or frustrate the return, it is possible for Member States to apply the rules set out in Articles 42 and 43 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]. The rules set out in this Regulation are without prejudice to the possibility for Member States to derogate from the application of Directive XXX/XXX [Return Directive recast] by virtue of Article 2(2)(a) of that Directive, in relation to illegally staying third-country nationals or stateless persons apprehended in connection with the irregular crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or right to stay in that Member State. _________________ 22 OJ C , , p. .
Amendment 66 #
Proposal for a regulation
Recital 15
Recital 15
(15) In case of instrumentalisation of migrants, the Member State facing a situation of instrumentalisation should have the possibility to request from other Member States support and solidarity measures that are most suited to its needs to manage the instrumentalisation situation. The support and solidarity measures could take all forms to address the situation of instrumentalisation, includingmay include relocation, capacity- building measures, support for return and support on the external dimension of the crisis and measures aimed at responding to instrumentalisation situation through cooperation with third countries or outreach to third countries whose nationals are being instrumentalised.
Amendment 68 #
Proposal for a regulation
Recital 16
Recital 16
(16) The other Member States which are not themselves facing a situation of instrumentalisation should be invited to contribute for the benefit of a Member State facing a situation of instrumentalisation by means of support and solidarity measures corresponding to the needs identified. When providing solidarity Member States should prioritise the relocation of vulnerable persons. The Commission should coordinate those support and solidarity measures as soon as possible after receiving the request from the Member State facing a situation of instrumentalisation.
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation provides for specific rules temporarily derogating from those set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation], Directive (EU) XXX/XXX [Reception Conditions Directive recast] and Directive (EU) XXX/XXX [Return Directive recast] that may be applied by and Directive 2008/115/EC that a Member State in a situation of instrumentalisation of migrants as defined in [Article 2(27)] of the Schengen Borders Codmay seek authorisation to and, if granted, apply where wthey are necessary forand proportionate to responding to such a situation. It also provides for specific rules on support and solidarity measures that may be takenrequested and provided for in such situation.
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
For the purposes of this Regulation the following definition shall apply: 'instrumentalisation of migrants' means a situation where a third country actively facilitates the movement of a comparatively large number of third country nationals, onto or from within its territory, to the external borders of the Union or to a Member State, where the aim of such actions is evidently to destabilise the Union or a Member State and where it can be demonstrated that such actions put at risk essential functions of a Member State, including the maintenance of law and order or the safeguarding of its national security.
Amendment 75 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II EmergencTemporary migration and asylum procedure in response to a situation of instrumentalisation of migrants
Amendment 76 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Amendment 77 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. In a situation of instrumentalisation of migrants as referred to in Article 1, the Member State faced with thea comparatively large number of arrival of third-country nationals or stateless persons at its external border as a direct consequence of such situation may, in accordance with the procedure laid down in Article 7, seek authorisation to apply, in relation to third-country nationals or stateless persons who are apprehended or found in the immediate proximity of the external border with the third country instrumentalising migrants in connection with an unauthorised crossing or who have presented themselves at border crossing points, one or more of the following derogations, in accordance with the procedure laid down in Article 6temporary, in limited and well-defined derogations:
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 1 – point a – introductory part
Article 2 – paragraph 1 – point a – introductory part
(a) by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], and for a maximum period of the initial period of validity of the implementing act referred to in Article 7, register applications for international protection made within theat period during which this point is applied no later than four weeks afterno later than four weeks after the application is made. In line with Article 16(1) of the Reception Conditions Directive, the applicant should benefit from rights under the recast Reception Conditions Directive as soon as he or she has made an application, regardless of when the registration of theat application is madtakes place.
Amendment 81 #
Proposal for a regulation
Article 2 – paragraph 1 – point a – paragraph 1
Article 2 – paragraph 1 – point a – paragraph 1
Where applying this derogation, the Member State concerned shall prioritise the registration of applications likely to be well-founded and, those of unaccompanied minors and, those of minors and their family members, and those of persons with special reception or procedural needs.
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) by way of derogation from Article 41(2)(a) and (b) and Article 41(5) of Regulation (EU) XXX/XXX [amended Asylum Procedure Regulation], decide at their borders or transit zones on the admissibility and on the merits of alln applications registered within the period during which this point is applied where the applicant is of a nationality, or, in the case of stateless persons, is 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— 30% or lower, taking into account the rapidly evolving protection needs that may take place in the country of origin as reflected in the quarterly updates of Eurostat data.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point b – paragraph 1
Article 2 – paragraph 1 – point b – paragraph 1
Where applying this derogation, the Member State concerned shall prioritise the examination of applications for international protection likely to be well- founded and those lodged by unaccompanied minors and minors and their family membersnot apply the border procedure to unaccompanied minors, minors and their family members, applicants with special reception needs in accordance with the Reception Conditions Directive and those with special procedural needs in accordance with the Asylum Procedure Regulation, and where there are medical reasons for not applying the border procedure.
Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where applying this Article, the principles and guarantees of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] shall apply in particular: (a) Member States shall take into account the best interest of the child as well as respect the protection of their family life. (b) An applicant for international protection shall not be held in detention for the sole reason that he or she is seeking international protection.Detention may only be used as an exceptional measure of last resort when it proves necessary and on the basis of an individual assessment of each case, and if other less coercive alternative measures cannot be applied effectively.Children, families with children and applicants with special reception needs shall not be detained. (c) An appeal against a negative decision under a border procedure shall have automatic suspensive effect.
Amendment 87 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In a situation of instrumentalisation of migrants, and in accordance with the procedure laid down in Article 6, the 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 mayat situation shall, in respect of third-country nationals or stateless persons who do not fulfil the conditions of entry and whose applications were rejected in the context of the emergency asylum management procedure at the border in accordance with Article 2(1) points (b) and (c), and who have no right to remain and are not allowed to remain, decide not to apply 41a of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Directive XXX/XXX [Return Directive recast]. Where resorting to this derogation, t. The Member State concerned shall:
Amendment 91 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 93 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) capacity-building measures in the field of asylum, and reception and return;
Amendment 94 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(a a) relocation of applicants for international protection and of beneficiaries of international protection in accordance with Articles 57 and 58 of Regulation XXX/2024 [Asylum and Migration Management Regulation]
Amendment 95 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) operational support in the field of asylum, and reception and return;
Amendment 96 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 97 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 105 #
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 4 and request the application of the solidarity measures provided for in Article 5.
Amendment 108 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Council Implementing Decision referred to in paragraph 3 shall set the date from which the rules laid down in Articles 2, 3 and 4 may be applied, as well as the time period for their application, which shall not exceed an initial period of sixthree months.
Amendment 110 #
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. A Member State which, at the end of the period of application of the specific derogations provided for in Articles 2 and 4, considers that the conditions for requesting a new application of the derogations provided for in this Regulation, as well as of the solidarity measures, are still met, may only submit one further request. Any new Council Implementing Decision referred to in paragraph 3 shall not exceed a period of three months.