41 Amendments of Lena DÜPONT related to 2020/0277(COD)
Amendment 94 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity and fair sharing of responsibility between Member States, which is also fair towards third- country nationals.
Amendment 103 #
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 set out in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] 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 the triggering of a compulsory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happen.
Amendment 141 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Such effective actions should be comprehensive and include, inter alia, operational, diplomatic, legal and financial measures to reduce and prevent the mass influx of third-country nationals and to support the affected Member State.
Amendment 147 #
Proposal for a regulation
Recital 7
Recital 7
(7) In addition to situations of crisis, Member States may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all due care and contingency planning as set out in the Regulation (EU) XXX/XXX [Asylum and Migration Management]. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protection or carrying out the procedures for determining the Member State responsible for examining an application for international protection. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the solidarity mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessary.
Amendment 183 #
Proposal for a regulation
Recital 12
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and containprevent any unauthorised or secondary movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
Amendment 230 #
Proposal for a regulation
Recital 15
Recital 15
(15) The screening of third-country nationals according to the rules laid down in Regulation (EU) No XXX/XXX [Screening Regulation] should apply with the possibility to extend the 5-day deadline by another five20 days, as specified in that Regulation.
Amendment 242 #
Proposal for a regulation
Recital 17
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the return of illegally staying third- country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain andor are not allowed to remain, by providing the competent national authorities with the necessary tools and sufficient time-frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third- country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.
Amendment 249 #
Proposal for a regulation
Recital 18
Recital 18
(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain andor 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 eightanother 12 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.
Amendment 258 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to allow for the proper management of a crisis situation and ensure a proper adaptation of the relevant rules on the asylum and return procedure, the Commission should, by way of an implementing decision, authorise concerned Member States, upon their reasoned requestnotification, to apply relevant derogatory rules. Such an implementing decision could authorise one or more requesting Member States to derogate from the relevant rules.
Amendment 263 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should examine a reasoned request submitted by a Member State while takingassess a situation of crisis either by notification of the Member State concerned or on the basis of available information. The assessment should take into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management]. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
Amendment 275 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide Member States with additional time needed to deal with the situation of crisis and at the same time ensure an effective and as quick as possible access to the relevant procedures and rights, the Commission should authorise the application of the asylum crisis management procedure and the return crisis management procedure for a period of six months, which could be extended up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protectionntil the Member State concerned is no longer under the situation of crisis.
Amendment 281 #
Proposal for a regulation
Recital 22
Recital 22
(22) For the same reasons, the Commission should authorise the application of derogatory rules as regards the registration deadline for a period not exceeding four12 weeks, which should be renewable upon a new reasoned request submitted by the Member State concerned. The total period of application should nonetheless not exceed twelve weeks.
Amendment 301 #
Proposal for a regulation
Recital 23
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 latestthose persons should be given a temporary right to remain until their applications for international protection is examined, at the latest within one year from itsthe suspension.
Amendment 308 #
Proposal for a regulation
Recital 24
Recital 24
(24) Persons granted immediate protectiotemporary right to remain 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].
Amendment 314 #
Proposal for a regulation
Recital 25
Recital 25
(25) Member States should ensure that beneficiaries of immediate protection statusthose persons given a temporary right to remain 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.
Amendment 321 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 330 #
Proposal for a regulation
Recital 27
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 statustemporary right to remain 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 repealedapply parallel to this Regulation. _________________ 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.)
Amendment 360 #
Proposal for a regulation
Recital 31
Recital 31
(31) In situations of force majeure, which render it impossible for a Member State to comply with the obligation to undertake solidarity measures within the timeframes established in the Regulation (EU) XXX/XXX [Asylum and Migration Management] and this Regulation, it should be possible for that Member State to notify the Commission and the other Member States of the precise reasons for which it considers that it is facing such a situation and extend the timeframe for undertaking solidarity measures. The Commission should within two weeks assess the situation in the particular Member State and decide whether an extension of the timeframe for the solidarity measures should be provided or not.
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeure in the field of migration 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], when these regulations are not sufficient to deal with a situation of crisis and force majeure.
Amendment 416 #
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 State or disembarked on its territory following search and rescue operations, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non- functional, and the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] is not sufficient to address the situation, which can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
Amendment 445 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.
Amendment 448 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one]three months.
Amendment 483 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Where a Member State considers that it is facing a crisis situation of crisis as referred to in Article 1(2), that Member State shall submit a reasoned request to the Commissionwithout delay notify the Commission, the European Parliament and the Council for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.
Amendment 489 #
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, the Commission considers such a request justifiedthat the affected Member State is confronted with a situation of crisis, it shall, by means of an implementing decision, authorise the Member State concerned to apply the derogatory rules laid down in Articles 4, 5 or 6.
Amendment 494 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The implementing decision referred to in paragraph 2 shall be adopted within ten days from the requestnotification 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 502 #
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 fourtwelve 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 fourtwelve-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 twelventy weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2.
Amendment 507 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. When submitting the requestnotification 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 requestnotification 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 requestnotification and for a period not exceeding 15 days. The Member State shall indicate in the requestnotification the reasons for which an immediate action is required. The Commission shall assess the situation in the Member State concerned and adopt the implementing decision referred to in paragraph 2 within the 15- day period.
Amendment 511 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The Commission shall examine the reasoned requestnotification 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], and other relevant information by Union bodies, agencies and offices. _________________ 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 539 #
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 eighttwelve 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.
Amendment 547 #
1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain andor are not allowed to remain, derogate from Article 41 and Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:
Amendment 553 #
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 eighttwelve weeks;
Amendment 560 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 570 #
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 fourtwelve weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 603 #
Proposal for a regulation
Chapter V – title
Chapter V – title
V Granting of immediate protectioa temporary right to remain
Amendment 612 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Granting of immediate protection statusa temporary right to remain
Amendment 617 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
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 statusa temporary residence permit to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such statustemporary residence permit shall be without prejudice to their ongoing application for international protection in the relevant Member State. Such temporary residence permit referred to in the first subparagraph shall not be taken into account for the purpose of calculating the duration of residence pursuant to Article 4(1) of Directive 2003/109/EC.
Amendment 630 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that beneficiaries of immediate protectionpersons with a temporary residence permit have effective access to all the relevant rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to beneficiaries of subsidiary protection.
Amendment 635 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. With derogation from paragraph 1, Member States shall not grant a temporary residence permit if the third country national represents a danger to the national security or public order or policy of the Member State or to the internal security of the Union. If the person concerns represents such a danger, the Member State shall carry out the examination of the application for international protection in an accelerated border procedure.
Amendment 649 #
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
(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 statustemporary residence permit shall be granted.
Amendment 675 #
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 statustemporary residence permit in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
Amendment 699 #
Proposal for a regulation
Article 14
Article 14