BETA

19 Amendments of Nadine MORANO related to 2020/0277(COD)

Amendment 92 #
Proposal for a regulation
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should as a general rule ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towardsbenefits European citizens and respects the fundamental rights of third-country nationals.
2022/01/28
Committee: LIBE
Amendment 137 #
Proposal for a regulation
Recital 6
(6) A mass influx of persons crossing the border irregularly and within a short period of time 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 within a reasonable timeframe and to an acceptable standard 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.
2022/01/28
Committee: LIBE
Amendment 166 #
Proposal for a regulation
Recital 10
(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of voluntary relocation should include all categories of applicants for international protection, including persons granted immediate protection, as well as beneficiaries of international protection and irregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally staying third-country national from the benefitting Member State if the person concerned does not return or is not removed within four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 178 #
Proposal for a regulation
Recital 11
(11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out voluntary relocation and return sponsorship should be applied for the purpose of ensuring the proper implementation of the solidarity measures in a situation of crisis, although they should be adjusted in order to take into account the gravity and urgency of that situation.
2022/01/28
Committee: LIBE
Amendment 223 #
Proposal for a regulation
Recital 14
(14) In order to ensure that Member States have the necessary flexibility when confronted with a large influx of migrants expressing the intention to apply for asylum, the application of the border procedure, established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should be broadened, and an asylum crisis management procedure should allow Member States to take a decision in the framework of a border procedure also 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 Union-wide is 7590% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border procedure as provided by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] but could extend the application of the border procedure to nationals who come from third countries where the EU-wide average recognition rate is above 20% but under 7590%.
2022/01/28
Committee: LIBE
Amendment 238 #
Proposal for a regulation
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible and in any event the periods of time should only be prolonged by an additional period not exceeding eight12 weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection.
2022/01/28
Committee: LIBE
Amendment 250 #
Proposal for a regulation
Recital 18
(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eight12 weeks. During that period, it should be possible to keep the illegally staying third- country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.
2022/01/28
Committee: LIBE
Amendment 293 #
Proposal for a regulation
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latest from its suspension.deleted
2022/01/28
Committee: LIBE
Amendment 302 #
Proposal for a regulation
Recital 24
(24) Persons granted immediate protection should continue to be considered as applicants for international protection, in view of their pending application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management].deleted
2022/01/28
Committee: LIBE
Amendment 309 #
Proposal for a regulation
Recital 25
(25) Member States should ensure that beneficiaries of immediate protection status have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable and equivalent to those enjoyed by beneficiaries of subsidiary protection.deleted
2022/01/28
Committee: LIBE
Amendment 316 #
Proposal for a regulation
Recital 26
(26) In order to carry out a proper assessment of applications for international protection submitted by beneficiaries of immediate protection, the asylum procedures should resume at the latest after one year from the suspension of such procedures.deleted
2022/01/28
Committee: LIBE
Amendment 326 #
Proposal for a regulation
Recital 27
(27) Since the adoption of Council Directive 2001/55/EC25, the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed. _________________ 25 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).deleted
2022/01/28
Committee: LIBE
Amendment 371 #
Proposal for a regulation
Recital 33
(33) To support Member States who voluntarily undertake relocation as a solidarity measure, financial support from the EU budget should be provided.
2022/01/28
Committee: LIBE
Amendment 384 #
Proposal for a regulation
Recital 35
(35) The examination procedure should be used for the adoption of solidarity measures in situations of crisis for authorising the application of derogatory procedural rules, and for triggering the granting of immediate protection status.deleted
2022/01/28
Committee: LIBE
Amendment 533 #
Proposal for a regulation
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];
2022/01/28
Committee: LIBE
Amendment 540 #
Proposal for a regulation
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 eight12 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.
2022/01/28
Committee: LIBE
Amendment 552 #
Proposal for a regulation
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 eight12 weeks;
2022/01/28
Committee: LIBE
Amendment 557 #
Proposal for a regulation
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 at least one of the criteriona 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.
2022/01/28
Committee: LIBE
Amendment 606 #
Proposal for a regulation
Article 10
Granting of immediate protection status 1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State. 2. Member States shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to beneficiaries of subsidiary protection. 3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year. 4. The Commission shall, by means of an implementing decision: (a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3; (b) establish that there is a need to suspend the examination of applications for international protection; (c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1; (d) establish the date from which this Article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection status shall be granted.Article 10 deleted
2022/01/28
Committee: LIBE