BETA

28 Amendments of Patricia CHAGNON related to 2021/0427(COD)

Amendment 40 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 43 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 47 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 50 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 56 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 60 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 61 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 63 #
Proposal for a regulation
Recital 13
(13) When applying the derogation to the application of Directive XXX/XXX [Return Directive recast], the Member State concerned should ensure full respect of the Charter of Fundamental Rights of the European Union and their international obligations. This includes full respect of the principle of non- refoulement and taking due account of the best interests of the child, family life and the state of health of the third- country national concerned as otherwise set out for derogations in the Return Directive. The Member State also needs to ensure that the treatment and level of protection in relation to limitations on the use of coercive measures, postponement of removal, emergency health care and needs of vulnerable persons and detention conditions, are no less favourable than those set out in Directive XXX/XXX [Return Directive recast].deleted
2023/12/18
Committee: LIBE
Amendment 64 #
Proposal for a regulation
Recital 14
(14) Where a Member State applies one or more of the measures in this Regulation, the Member State should inform third-country nationals and stateless persons thereof. In particular, the Member State facing a situation of instrumentalisation should 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 derogations applied, the points accessible for registering and lodging an application for international protection, in particular the location of the nearest points where their application can be registered and lodged, the possibility to appeal the decision on the application, and the duration of the measures.deleted
2023/12/18
Committee: LIBE
Amendment 65 #
Proposal for a regulation
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, including 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.deleted
2023/12/18
Committee: LIBE
Amendment 67 #
Proposal for a regulation
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. 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.deleted
2023/12/18
Committee: LIBE
Amendment 69 #
Proposal for a regulation
Recital 17
(17) A Member State facing a situation of instrumentalisation of migrants may request support from the EU Asylum Agency, the European Border and Coast Guard Agency or Europol in accordance with their mandates. As appropriate, the Asylum Agency may propose assistance on its own initiative in accordance with Article 16(1)(d) of Regulation XXX/XXX [EUAA Regulation], whereas the European Border and Coast Guard Agency may propose assistance in the field of return in accordance with Articles 48, 50, 52 and 53 of Regulation (EU) 2019/1896 in agreement with the Member State concerned and Europol may propose assistance in accordance with Article 6(1) of Regulation (EU) 2016/794.deleted
2023/12/18
Committee: LIBE
Amendment 71 #
Proposal for a regulation
Recital 20
(20) In order to support the Member State concerned in providing the necessary assistance to third country nationals falling under the scope of this Regulation, including by promoting voluntary return activities or by carrying out their humanitarian duties, UN agencies and other relevant partner organisations, in particular the International Organization for Migration and the International Federation of Red Cross and Red Crescent Societies, should have effective access to the border under the conditions set out in the Directive (EU) XXX/XXX [Reception Conditions Directive recast] and Regulation (EU) XXX/XXX [Asylum Procedure Regulation]. In accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the United Nations High Commissioner for Refugees should be allowed access to applicants, including those at the border. To this end, the Member State concerned should work in close cooperation with UN agencies and relevant partner organisations.deleted
2023/12/18
Committee: LIBE
Amendment 80 #
Proposal for a regulation
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 minors and their family membershall pay particular attention to children and vulnerable persons.
2023/12/18
Committee: LIBE
Amendment 85 #
Proposal for a regulation
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 memberminors, who have been able to prove that they are minors where doubt exists.
2023/12/18
Committee: LIBE
Amendment 88 #
Proposal for a regulation
Article 3 – paragraph 1
By way of derogation from Directive XXX/XXX [Reception Conditions Directive recast], 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 their external border as a consequence of a situation of instrumentalisation of migrants may temporarily set modalities for material reception conditions different from those provided for in Articles 16 and 17 of that Directive in relation to applicants apprehended or found in the proximity of the border with the third country instrumentalising migrants in connection with an unauthorised crossing or who have presented themselves at the border crossing points, and are subject to the measures in Article 2 of this Regulation, provided these Member States cover the applicants’ basic needs, in particular food, water, clothing, adequate medical care, and temporary shelter adapted to the seasonal weather conditions, and in full respect of human dignityThe Member State shall be free to apply the Return Directive in accordance with its means.
2023/12/18
Committee: LIBE
Amendment 90 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) respect the principle of non- refoulement and take due account of the best interests of the child, family life and state of health of the third country national concerned as set out in Article 5 of Directive XXX/XXX [the Return Directive recast];deleted
2023/12/18
Committee: LIBE
Amendment 92 #
Proposal for a regulation
Article 5 – paragraph 1
1. Where a Member State is facing a situation of instrumentalisation of migrants, it may request support and solidarity measures from other Member States in order to manage that situation. Support and solidarity contributions for the benefit of a Member State facing a situation of instrumentalisation of migrants may include the following types of contributions: (a) capacity-building measures in the field of asylum, reception and return; (b) operational support in the field of asylum, reception and return; (c) measures aimed at responding to instrumentalisation situation, including specific measures to support return, through cooperation with third countries or outreach to third countries whose nationals are being instrumentalised; or (d) any other measure considered adequate to address the instrumentalisation situation and support the Member State concerned.deleted
2023/12/18
Committee: LIBE
Amendment 98 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 99 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 100 #
Proposal for a regulation
Article 5 – paragraph 4
4. A Member State facing a situation of instrumentalisation of migrants may request support from the EU Asylum Agency, from the European Border and Coast Guard Agency, or from Europol in accordance with their mandates. As appropriate, the EU Asylum Agency may propose assistance on its own initiative in accordance with Article 16(1)(d) of Regulation XXX/XXX [EUAA Regulation]. The European Border and Coast Guard Agency may propose assistance in the area of return in accordance with Articles 48, 50, 52 and 53 of Regulation (EU) 2019/1896 to the Member State concerned. Europol may propose assistance in the area of law enforcement cooperation in accordance with Article 6(1) of Regulation (EU) 2016/794.deleted
2023/12/18
Committee: LIBE
Amendment 101 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 103 #
Proposal for a regulation
Article 6 – paragraph 2
2. The Member State facing a situation of instrumentalisation of migrants shall not apply Articles 2, 3 and 4 longer than what is strictly necessary to address the situation of instrumentalisation of migrants, and in any case, no longer than the period set out in the Council Implementing Decision referred to in paragraph 4 of Article 7.deleted
2023/12/18
Committee: LIBE
Amendment 104 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 106 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 107 #
Proposal for a regulation
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.
2023/12/18
Committee: LIBE
Amendment 109 #
Proposal for a regulation
Article 7 – paragraph 5
5. The Commission shall keep the situation of instrumentalisation of migrants under constant monitoring and review. Where the Commission considers it appropriate, it may propose the repeal of the Council Implementing Decision referred to in paragraph 3 or the adoption of a new Council Implementing Decision authorising the prolongation of the application of the specific derogations referred to in Articles 2, 3 and 4 for a period, which shall not exceed six months. The Member State concerned shall provide the Commission specific information needed for it to carry out this review and to make the proposal for repeal or prolongation as well as any other information the Commission may request.deleted
2023/12/18
Committee: LIBE
Amendment 112 #
Proposal for a regulation
Article 8
Article 8 Cooperation and assessment 1. The Commission, relevant European Union institutions and agencies and the Member State facing a situation of instrumentalisation of migrants shall closely cooperate and regularly inform each other on the implementation of the derogations and measures referred to in Article 7. The Member State concerned shall continue reporting all relevant data including statistics that are relevant for the implementation of this Regulation, via the EU Migration Preparedness and Crisis Management Network. 2. The Member State facing a situation of instrumentalisation of migrants shall ensure close cooperation with the United Nations High Commissioner for Refugees and relevant partner organisations to determine the modalities for support to applicants in the instrumentalisation situation in line with the rules set out in this Chapter and in Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Directive XXX/XXX [Reception Conditions Directive recast].deleted
2023/12/18
Committee: LIBE