31 Amendments of Jorge BUXADÉ VILLALBA related to 2020/0277(COD)
Amendment 91 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure, to the extent that the Treaties allow it, the absence of internal border controls for personsthe citizens of the Member States, and frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third- country nationals.
Amendment 102 #
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 a) a mechanism for transferring asylum seekers to safe third countries, adjacent to the asylum seekers' countries of origin, b) the triggering of a compulsory solidarity mechanism and c) that all the necessary measures are put in place to prevent crisis to happen.
Amendment 127 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Artificial intelligence applications, including face recognition technology, must be fully utilized to record and easily access objective identification data for asylum seekers in each Member State.
Amendment 130 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The EU-wide registration of asylum seekers should be recording any penal code violations, so that criminal measures can apply more effectively and deportations can be carried out, as required by the Member States legislation.
Amendment 131 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) Member States and the European Commission should have real-time access to information on pending deportation cases for persons in the EU.
Amendment 134 #
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, especially when organized by a third country intending to intervene politically within the EU, 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.
Amendment 336 #
Proposal for a regulation
Recital 27 b (new)
Recital 27 b (new)
(27b) The Commission should support the creation of spatially-defined pockets in any willing EU or third country, within which temporary residence may be provided for beneficiaries of asylum status.
Amendment 344 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The Commission should agree with third countries, in particular near potential crisis regions, which can offer protection to asylum seekers, in order for them to avoid the multiple risks posed by intercontinental travel.
Amendment 408 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation addresses the extraordinary regulation of situations of crisis and force majeure in the field of immigration 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].
Amendment 418 #
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 Staten or disembarkeding on itsthe territory following search and rescue operationsof a Member State illegally, being of such a scale, in proportion to the population and GDP of the Member State concerned and the number of registered illegal arrivals in the year immediately prior to that one, and nature, that it renders the Member State’s regular asylum, reception or return system at local, regional and/or national level non- functional and can have serious consequences for the functioning of the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
Amendment 490 #
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,Once the Member State’s request has been received, and unless the Commission consproviders such afficient evidence to indicate that the request is unjustified, it shallthe Member State concerned shall be authorised, by means of a Commission implementing decision, authorise the Member State concerned to apply the derogatory rules laid down in Articles 4, 5 or 6.
Amendment 493 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The implementing decision referred to in paragraph 2 shall be adoptduly adopted and notified within ten days from the request 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 495 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. If the Commission does not duly adopt and notify the implementing decision referred to in paragraph 2 within the timeframe laid down in paragraph 3, it shall be deemed to be tacitly authorised for all legal purposes, thereby enabling the Member State to apply the provisions of this Regulation.
Amendment 496 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six monthsone year. That period may be extended for a period not exceeding one yearif the crisis situation persists, upon a reasoned request by the Member State concerned.
Amendment 500 #
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 foureight 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 foureight-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 twelve weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2s long as the initial crisis situation persists.
Amendment 508 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. When submitting the request 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 request 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 request and for a period not exceeding 15 daysone month. The Member State shall indicate in the request the reasons for which an immediate action is required.
Amendment 510 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The Commission shall examine the reasoned request 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], paying particular attention to the reports of the Member State’s police or military services responsible for border defence or protection. _________________ 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 532 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) By way of derogation from Article 41(2)(b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, 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, 7590% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation];
Amendment 537 #
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 eight16 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, unless the Member State duly proves that this would pose a serious risk to internal or external security, public order or public health.
Amendment 550 #
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 eight16 weeks;
Amendment 556 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or, when the applicant, third- country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive, or when it can be demonstrated that there is a serious risk to internal or external security, public order or public health.
Amendment 571 #
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 foureight weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 580 #
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 notify the Commission. 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 foureight 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 585 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) submit a take charge request as referred to in Article 29 within foursix months of the date on which the application was registered;
Amendment 586 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) reply to a take charge request as referred to in Article 30 within twohree months of receipt of the request;
Amendment 587 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) submit a take back notification as referred to in Article 31 within onetwo months of receiving the Eurodac hit or confirm the receipt within onetwo months of such notification;
Amendment 593 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation, it shall notify the Commission and the other Member States without delay. The Member State concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. After such notification, by way of derogation from the timeframes established by those Articles, the timeframe for undertaking solidarity measures established in those Articles shall be suspended for a maximum period of six monthsup to 12 months, which may be extended if the situation of force majeure persists, upon a reasoned request by the Member State.
Amendment 605 #
Proposal for a regulation
Article 10
Article 10
Amendment 676 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt 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 sin accordance with the reasoned requests submitted by the Member State or Member Statues in accordance with Article 10concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
Amendment 682 #
Proposal for a regulation
Article 11 – paragraph 2
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 shall 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 sin accordance with the reasoned requests submitted by the Member State or Member Statues in accordance with Article 10concerned. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).
Amendment 687 #
3. The implementing acts shall remain in force for a period not exceeding one year, which may be extended if the situations that gave rise to those acts persist, upon a reasoned request by the Member State concerned.