Proposal for a regulation
Section VII – Article 31
Section VII: Temporary suspension of 1. When a Member State is faced with a particularly urgent situation which places an exceptionally heavy burden on its reception capacities, asylum system or infrastructure, and when the transfer of applicants for international protection in accordance with this Regulation to that Member State could add to that burden, that Member State may request that such transfers be suspended. The request shall be addressed to the Commission. It shall indicate the grounds on which it is based and shall in particular include: (a) a detailed description of the particularly urgent situation which places an exceptionally heavy burden on the requesting Member State’s reception capacities, asylum system or infrastructure, including relevant statistics and supporting evidence; (b) a substantiated forecast of the likely evolution of this situation in the short- term; (c) a substantiated explanation of the further burden that the transfer of applicants for international protection in accordance with this Regulation could add to the requesting Member State’s reception capacities, asylum system or infrastructure, including relevant statistics and other supporting evidence. 2. When the Commission considers that the circumstances prevailing in a Member State may lead to a level of protection for applicants for international protection which is not in conformity with Community legislation, in particular with Directive […/…/EC] laying down minimum standards for the reception of asylum seekers and with Directive 2005/85/EC, it may decide in conformity with the procedure laid down in paragraph 4, that all transfers of applicants in accordance with this Regulation to the Member State concerned be suspended. 3. When a Member State is concerned that the circumstances prevailing in another Member State may lead to a level of protection for applicants for international protection which is not in conformity with Community legislation, in particular with Directive […/…/EC] laying down minimum standards for the reception of asylum seekers and with Directive 2005/85/EC, it may request that all transfers of applicants in accordance with this Regulation to the Member State concerned be suspended. The request shall be addressed to the Commission. It shall indicate the grounds on which it is based and shall in particular include detailed information on the situation in the concerned Member State pointing to a possible lack of conformity with Community legislation, in particular Directive […/…/EC] laying down minimum standards for the reception of asylum seekers and Directive 2005/85/EC. 4. Following the receipt of a request pursuant to paragraphs 1 or 3, or upon its own initiative pursuant to paragraph 2, the Commission may decide that all transfers of applicants in accordance with this Regulation to the Member State concerned be suspended. Such decision shall be taken as soon as possible and at the latest one month following the receipt of a request. The decision to suspend transfers shall state the reasons on which it is based and shall in particular include: (a) an examination of all the relevant circumstances prevailing in the Member State towards which transfers could be suspended; (b) an examination of the potential impact of the suspension of transfers on the other Member States; (c) the proposed date on which the suspension of transfers shall take effect; (d) any particular conditions attached to such suspension. 5. The Commission shall notify the Council and the Member States of the decision to suspend all transfers of applicants in accordance with this Regulation to the Member State concerned. Any Member State may refer the decision of the Commission to the Council within one month from the receipt of the notification. The Council, acting by qualified majority, may take a different decision in one month from the date of the referral by a Member State. 6. Following the decision of the Commission to suspend transfers to a Member State, the other Member States in which the applicants whose transfers have been suspended are present, shall be responsible for examining the applications for international protection of those persons. The decision to suspend transfers to a Member State shall take due account of the need to ensure the protection of minors and of family unity 7. A decision to suspend transfers to a Member State pursuant to paragraph 1 shall justify the granting of assistance for the emergency measures laid down in Article 5 of Decision No 573/2007/EC of the European Parliament and of the Council, following a request for assistance from that Member State. 8. Transfers may be suspended for a period which cannot exceed six months. Where the grounds for the measures still persist after six months, the Commission may decide, upon a request from the Member State concerned referred to paragraph 1 or upon its own initiative, to extend their application for a further six months period. Paragraph 5 applies. 9. Nothing in this Article shall be interpreted as allowing Member States to derogate from their general obligation to take all appropriate measures, whether general or particular, to ensure fulfilment of their obligations arising out of the Community legislation on asylum, in particular this Regulation, Directive […/…/EC] laying down minimum standards for the reception of asylum seekers, and Directive 2005/85/EC.deleted transfers Article 31