2020/0277(COD) Crisis and force majeure Regulation
Lead committee dossier:
Progress: Awaiting Council's 1st reading position
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
LÓPEZ AGUILAR Juan Fernando ( S&D)
|
VOZEMBERG-VRIONIDI Elissavet ( EPP),
AZMANI Malik ( Renew),
BOESELAGER Damian ( Verts/ALE),
SARDONE Silvia ( ID),
BUXADÉ VILLALBA Jorge ( ECR)
|
| Committee Opinion | AFET | ||
| Committee Opinion | BUDG | ||
| Committee Legal Basis Opinion | JURI |
LAGODINSKY Sergey ( Verts/ALE)
|
Lead committee dossier:
Legal Basis:
RoP 40, TFEU 078-p2
Legal Basis:
RoP 40, TFEU 078-p2Subjects
Events
2024/04/10
EP - Debate in Parliament
Documents
2024/04/10
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 301 votes to 272, with 46 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council addressing situations of crisis and force majeure in the field of migration and asylum.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Greater solidarity and support for Member States in the event of migration and asylum crises
The Union and its Member States could be confronted with migratory challenges that can vary greatly, in particular with regard to the scale and the composition of the arrivals. It is therefore essential that the Union be equipped with a variety of tools to respond to all types of situations.
This Regulation addresses exceptional situations of crisis , including instrumentalisation, and force majeure, in the field of migration and asylum within the Union by means of temporary measures. It provides for enhanced solidarity and support measures while ensuring the fair sharing of responsibility, and for temporary specific rules derogating from the rules concerning the asylum procedure. It provides measures to ensure that Member States receive full support in situations of crisis and force majeure, including through the solidarity mechanism that ensures a fair sharing of responsibility and a balance of efforts between Member States in situations of crisis.
A situation of crisis means:
- an exceptional situation of mass arrivals of third-country nationals or stateless persons in a Member State by land, air or sea, including of persons that have been disembarked following search and rescue operations, of such a scale and nature, taking into account, inter alia , the population, GDP and geographical specificities of the Member State, including the size of the territory, that it renders the Member State’s well-prepared asylum, reception, including child protection services, or return system non-functional, including as a result of a situation at local or regional level, such that there could be serious consequences for the functioning of the Common European Asylum System;
- a situation of instrumentalisation where a third country or a hostile non-state actor encourages or facilitates the movement of third-country nationals or stateless persons to the external borders or to a Member State, with the aim of destabilising the Union or a Member State, and where such actions are liable to put at risk essential functions of a Member State, including the maintenance of law and order or the safeguard of its national security. Humanitarian aid operations should not be considered as a case of instrumentalisation when there is no aim to destabilise the EU or a Member State;
- a situation where the Member State is faced with abnormal and unforeseeable circumstances outside its control, the consequences of which could not have been avoided notwithstanding the exercise of all due care, which prevent that Member State from complying with its obligations.
Governance
Where a Member State considers itself to be in a situation of crisis or force majeure, it may, given those exceptional circumstances, submit a reasoned request to the Commission, in order to benefit from solidarity measures allowing for the proper management of that situation and to allow for possible derogations from the relevant rules on the asylum procedure, while ensuring that the applicants’ fundamental rights are respected.
The Commission should assess the situation within two weeks and decide whether or not a crisis situation exists. It should also present to the Council a proposal for an implementing decision on solidarity measures and derogations, as well as a recommendation on the application of a rapid procedure for granting international protection to certain categories of applicants.
The Commission should report to the European Parliament and the Council, every three months after the entry into force of the Council implementing decision, on the application of that decision, in particular on the effectiveness of the measures undertaken in resolving the situation of crisis or force majeure and should determine whether the situation persists and whether the measures continue to be necessary and proportionate.
Solidarity measures
The new rules foresee a predictable and permanent system of solidarity in which all Member States must contribute to support the member state in crisis. Among the possible solidarity measures to address a specific crisis, a Member State can propose to the Commission to opt for the relocation of asylum applicants and targeted financial contributions or alternative measures .
Certain categories of people - such as applicants coming from a specific country of origin - may be identified as entitled to prima facie protection, i.e. authorities should prioritise the examination of their application because they are likely to be well-founded and to ensure the swift conclusion of their application.
Derogations
In crisis situations, the registration of asylum applications could take up to 4 weeks . Member State concerned should prioritise the registration of applications of persons with special reception needs and of minors and their family members. Member States should ensure that applicants are able to access and exercise their rights under those instruments in an effective manner as soon as they make an application, regardless of when the registration takes place.
When confronted with a situation of crisis or force majeure, it should be possible for the Member State concerned to extend the examination of applications for international protection at the border by six weeks .
In situations of mass influx, the threshold for the border procedure can be adapted either upwards or downwards. In instrumentalisation situations, after an individual assessment, vulnerable persons and families with children under 12 years could be excluded from the border procedure.
For the purposes of applying the derogations, the basic principles of asylum law and respect for the principle of non-refoulement should be applied to ensure the protection of the rights of persons seeking international protection, including the right to an effective remedy. Organisations and persons authorised by national law to provide advice and counselling should have effective access to applicants in detention centres or at border crossing points.
Expedited procedure
Where objective circumstances suggest that applications for international protection from groups of applicants from a specific country of origin or former habitual residence or a part of that country or on the basis of the criteria drawn from that Regulation could be well-founded, it is in the interest of both the determining authorities and the applicants concerned to conclude the examination of the merits of the application as soon as possible and to allow for a swift and efficient granting of international protection in a situation of crisis.
Documents
2024/03/26
EP - Specific opinion
Documents
2024/03/04
EP - LAGODINSKY Sergey (Verts/ALE) appointed as rapporteur in JURI
2024/02/14
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/02/08
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/04/20
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2023/04/17
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/04/05
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Juan Fernando LÓPEZ AGUILAR (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council addressing situations of crisis in the field of migration and asylum.
As a reminder, this proposal seeks create a new legislative instrument to address situations of crisis and force majeure in the field of migration and asylum within the Union.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Crisis response mechanism
According to the report, the Regulation should deal with crisis situations in the field of migration and asylum within the Union and provide for specific temporary rules derogating from the general framework. This Regulation would establish a crisis response mechanism, aiming at alleviating the pressure on Member States facing a situation of crisis, ensuring the fair sharing of responsibility and protecting the rights of the applicants and beneficiaries of international protection.
Members proposed that the solidarity mechanism should ensure a fair sharing of responsibility and a balance of efforts between Member States. When Member States are confronted with a situation of crisis, they should receive swift support from other Member States through a fast, fair, and efficient mandatory relocation mechanism.
A crisis situation would be confirmed by the Commission, in consultation with the Member State concerned and the relevant EU agencies. Taking into account various migration-related indicators, such as the geopolitical situation in third countries affecting migratory movements, the Commission would determine the necessary support measures. These will include additional capacities, but also mandatory relocations.
New EU Relocation Coordinator
To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, and in view of coordinating and optimising all relocation efforts, the new EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors, and beneficiaries of prima facie international protection in the relocation transfers. The EU Relocation Coordinator should also, in cooperation with the Commission and the EUAA, promote coherent working methods, for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. In a situation of crisis, the EU Relocation Coordinator should, every two weeks, provide a bulletin on the state of the implementation and functioning of the relocation mechanism. The office of the Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.
Financial support
Members proposed that funding should be allocated to local and regional authorities and organisations of the contributing Member States supporting integration following relocation. Emergency funding support for a Member State in a situation of crisis may be allocated, including for the construction, maintenance and renovation of reception facilities required for the application of this Regulation, in line with the standards provided for in the Reception Conditions Directive. The Member State in a situation of crisis should provide for additional and sufficient human and material resources to be able to meet its obligations under the Reception Conditions Directive.
Resources for the transfer of applicants for international protection or of beneficiaries of international protection in a situation of crisis
The report proposed that a Member State should receive an additional amount of EUR 10 000 for each applicant for international protection or beneficiary of international protection transferred from another Member State in accordance with the Crisis Regulation, or as a result of similar forms of relocation.
The amounts should be increased to EUR 12 000 for each unaccompanied minor relocated in accordance with the Crisis Regulation or the Asylum and Migration Management Regulation. Moreover, the Member State covering the cost of transfers should receive a contribution of EUR 500 for each applicant for international protection or beneficiary of international protection transferred to another Member State.
Children and vulnerable persons
The report noted that applicants in a vulnerable situation, including due to their state of health, minor applicants and their family members, should always be excluded from the asylum crisis management border procedure. The best interests of the child and family life and of the third-country national concerned should be taken into account throughout the procedure.
The rules also foresee granting international protection prima facie - without exhaustive analysis - to persons from specific countries of origin. Asylum staff, medical staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
Lastly, in crisis situations, border asylum and return procedures should be extended for an additional four weeks (in addition to 12 weeks).
Documents
2023/03/28
EP - Vote in committee, 1st reading
2023/03/28
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2022/01/27
EP - Amendments tabled in committee
Documents
2022/01/27
EP - Amendments tabled in committee
Documents
2021/11/23
EP - Committee draft report
Documents
2021/04/16
EL_PARLIAMENT - Contribution
Documents
2021/03/30
RO_SENATE - Contribution
Documents
2021/01/21
PT_PARLIAMENT - Contribution
Documents
2020/12/21
DE_BUNDESRAT - Contribution
Documents
2020/12/15
ES_PARLIAMENT - Contribution
Documents
2020/11/11
EP - Committee referral announced in Parliament, 1st reading
2020/11/09
EP - LÓPEZ AGUILAR Juan Fernando (S&D) appointed as rapporteur in LIBE
2020/09/23
EC - Legislative proposal published
Details
PURPOSE: to create a new legislative instrument to provide for temporary and extraordinary measures in situations of crisis and force majeure in the field of migration and asylum.
PURPOSE: PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the New Pact on Migration and Asylum ’s goal of putting in place a comprehensive and robust migration and asylum policy is the best protection against the risk of crisis situations. 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 contain unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
The EU must be ready to address situations of crisis and force majeure with resilience and flexibility – in the knowledge that different types of crises require varied responses. As part of this comprehensive framework, it is necessary to put in place a system with tools necessary to deal with crisis situations and situations of force majeure .
CONTENT: the Commission proposes to create a new legislative instrument to address situations of crisis and force majeure in the field of migration and asylum within the Union.
The objectives of this instrument are twofold:
(1) to provide flexibility to Member States to react to crisis and force majeure situations and grant immediate protection status in crisis situations;
(2) to ensure that the system of solidarity established in the new Asylum and Migration Management Regulation is well adapted to a crisis characterised by a large number of irregular arrivals.
The overall objective of the proposal is to provide for the necessary adaptation of the rules on asylum and return procedures (Asylum Procedures Regulation and Return Directive) as well as of the solidarity mechanism established in the new Regulation on Asylum and Migration Management, in order to ensure that Member States are able to address situations of crisis and force majeure in the field of asylum and migration management within the EU.
Definition of crisis situations
The proposed system distinguishes between crisis situations that are caused by irregular arrivals of scale and nature that it would render a Member State's asylum, reception or return system non-functional. It shall also cover situations where there is an imminent risk of such arrivals having serious consequences for the functioning of the Common European Asylum System and the migration management system of the Union as a whole. Situations of force majeure in the field of asylum and migration management are also addressed, including situations recently experienced by Member States due to the coronavirus pandemic.
Such situations of force majeure may make it impossible for Member States to respect the time limits set by the proposed Asylum Procedures Regulation and the proposed Asylum and Migration Management Regulation for registering applications for international protection or carrying out the procedures for determining the Member State responsible for examining an application for international protection.
Accelerated procedures and extended time frame
Therefore, the present proposal establishes specific rules to ensure a faster procedure than that foreseen in the proposed Regulation on Asylum and Migration Management in order to ensure that an effective and efficient system is permanently in place to deal with a situation of crisis.
This proposal also provides for an extension of the timeframe for the implementation of the obligation to relocate or undertake return sponsorship when a Member State is in a situation of force majeure which renders it impossible to fulfil these obligations as set out in this Regulation and in the Regulation on Asylum and Migration Management.
Immediate protection status
The proposal also includes a faster procedure to grant immediate protection to groups of non-EU nationals 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.
This precise group of people would be determined by the Commission in an implementing act. Immediate protection status can be granted for a maximum of one year to all persons belonging to this group that claim asylum and are not a security threat or have not committed serious crimes. At the same time, Member States would suspend the processing of the asylum applications of these individuals for up to a year, avoiding risks of backlogs in processing large numbers of asylum applications. After one year, Member States need to resume this processing.
Derogations from EU law
The proposal also includes provisions related to crisis situations which allow for certain derogations from the proposed Asylum Procedures Regulation. In particular, it will be possible to extend the scope of application of the border procedure to third-country nationals and stateless persons whose EU-wide first instance recognition rate is 75% or lower, in addition to the grounds already provided by the Asylum Procedures Regulation, as well as to extend the duration for the examination of an application of international protection under the border procedure by an additional eight weeks.
It is also proposed to allow Member States to derogate from the provisions on registering applications for international protection with a longer deadline of four weeks.
Moreover, the proposal provides for the possibility to derogate from certain provisions on the border procedure to carry out return. For this purpose, the proposal extends the maximum duration of the border procedure for carrying out return by an additional period of eight weeks (the proposed Asylum Procedures Regulation sets the maximum time-limit to twelve weeks).
Relocation
With respect to relocation, the scope of this proposal is also widened as compared to that provided for in the situations of pressure in the Regulation on Asylum and Migration Management, as it will also apply to applicants for international protection in the border procedure, irregular migrants and persons granted immediate protection under this Regulation. Transfer of illegally staying third-country nationals or stateless persons subject to return sponsorship, from the Member State in crisis to the sponsoring Member State, would intervene if return has not been successfully completed within four months, i.e. following a period shorter than the one set in the Regulation on Asylum and Migration Management (eight months).
Budgetary implications
Due to the nature of this proposal linked to a crisis situation, it is not possible to estimate a priory the possible budgetary impact. It will be accommodated as far as possible within the budget of the existing instruments under the period 2021-2027 in the field of migration and Asylum, and where necessary, using the flexibility mechanisms provided within the MFF 2021-2027.
Documents
Documents
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T9-0178/2024
- Specific opinion: PE759.947
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2024)000948
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000948
- Committee report tabled for plenary, 1st reading: A9-0127/2023
- Amendments tabled in committee: PE704.693
- Amendments tabled in committee: PE704.694
- Committee draft report: PE697.631
- Contribution: COM(2020)0613
- Contribution: COM(2020)0613
- Contribution: COM(2020)0613
- Contribution: COM(2020)0613
- Contribution: COM(2020)0613
- Legislative proposal published: COM(2020)0613
- Legislative proposal published: EUR-Lex
- Committee draft report: PE697.631
- Amendments tabled in committee: PE704.693
- Amendments tabled in committee: PE704.694
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000948
- Specific opinion: PE759.947
- Contribution: COM(2020)0613
- Contribution: COM(2020)0613
- Contribution: COM(2020)0613
- Contribution: COM(2020)0613
- Contribution: COM(2020)0613
Activities
Votes
Gestion des situations de crise dans le domaine de la migration et de l'asile - Addressing situations of crisis in the field of migration and asylum - Bewältigung von Krisensituationen und Situationen höherer Gewalt im Bereich Migration und Asyl - A9-0127/2023 - Juan Fernando López Aguilar - Décision d'engager des négociations interinstitutionnelles (article 71 du règlement) #
2023/04/20 Outcome: +: 419, -: 129, 0: 30
PPE
The Left
NIA9-0127/2023 – Juan Fernando López Aguilar – Request to vote on the amendments to the draft legislative act #
2024/04/10 Outcome: -: 485, +: 128, 0: 5
A9-0127/2023 – Juan Fernando López Aguilar – Provisional agreement – Am 131 #
2024/04/10 Outcome: +: 301, -: 272, 0: 46
| Amendments | Dossier |
| 619 |
2020/0277(COD)
2022/01/28
LIBE
619 amendments...
Amendment 100 #
Proposal for a regulation Recital 2 (2) To this end, a comprehensive approach is required with the objective of
Amendment 101 #
Proposal for a regulation Recital 3 (3) The comprehensive approach should
Amendment 102 #
Proposal for a regulation 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 103 #
Proposal for a regulation 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
Amendment 104 #
Proposal for a regulation 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
Amendment 105 #
(3) The
Amendment 106 #
Proposal for a regulation 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 in
Amendment 107 #
Proposal for a regulation 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
Amendment 108 #
Proposal for a regulation Recital 3 (3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns,
Amendment 109 #
Proposal for a regulation Recital 3 (3) The comprehensive approach should bring together policies in the areas of asylum
Amendment 110 #
Proposal for a regulation 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
Amendment 111 #
Proposal for a regulation Recital 3 a (new) (3a) In order to prevent and detect unauthorised migration and third-country nationals circumventing the border checks at the external border, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
Amendment 112 #
Proposal for a regulation Recital 4 Amendment 113 #
Proposal for a regulation Recital 4 Amendment 114 #
(4) Notwithstanding the putting in place of all the necessary
Amendment 115 #
Proposal for a regulation Recital 4 (4)
Amendment 116 #
Proposal for a regulation Recital 4 (4) Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis
Amendment 117 #
Proposal for a regulation Recital 4 a (new) (4a) In order to prevent a situation of crisis, the Union should primarily apply measures to discourage illegal border crossing, including the construction of physical barriers for land borders as well as naval blockage for maritime borders.
Amendment 118 #
Proposal for a regulation Recital 4 b (new) (4b) In order to address a situation of crisis, it is necessary that Member States forbid private actors from interfering in the migratory processes by carrying out search and rescue operations which may act as a pull factor for unsustainable migratory influxes.
Amendment 119 #
Proposal for a regulation Recital 5 Amendment 120 #
Proposal for a regulation Recital 5 (5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis. It should ensure
Amendment 121 #
Proposal for a regulation Recital 5 (5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that
Amendment 122 #
Proposal for a regulation Recital 5 (5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis.
Amendment 123 #
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection
Amendment 124 #
Proposal for a regulation Recital 5 (5) This Regulation should
Amendment 125 #
Proposal for a regulation Recital 5 (5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis and force majeure. It should ensure, in particular, the effective application of the principle of solidarity and fair sharing of responsibility and the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures.
Amendment 126 #
Proposal for a regulation Recital 5 a (new) (5a) The measures in this Regulation are based on integrated policy-making in the field of asylum and migration management and take into account the phenomenon of mixed arrivals of persons in need of international protection and those who are not. The measures are put in place in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.
Amendment 127 #
Proposal for a regulation 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 128 #
Proposal for a regulation Recital 5 a (new) (5a) This Regulation should help to stem or stop mass influxes of migrants and facilitate their return.
Amendment 129 #
Proposal for a regulation Recital 5 b (new) (5b) The measures in this Regulation are based on a mandatory solidarity between Member States in situations of crisis and intend to enhance the preparedness and resilience of Member States to manage migration and situations of crisis. They aim to facilitate operational coordination and concrete financial, operational and capacity support in situations of crisis in the field of asylum and migration.
Amendment 130 #
Proposal for a regulation 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) (5c) Member States and the European Commission should have real-time access to information on pending deportation cases for persons in the EU.
Amendment 132 #
Proposal for a regulation Recital 6 (6) A
Amendment 133 #
Proposal for a regulation Recital 6 (6) A
Amendment 134 #
Proposal for a regulation 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
Amendment 135 #
Proposal for a regulation Recital 6 (6) A
Amendment 136 #
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 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, including mandatory relocation of applicants for international protection.
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.
Amendment 138 #
Proposal for a regulation Recital 6 (6) A mass influx of persons crossing
Amendment 139 #
Proposal for a regulation Recital 6 a (new) (6a) Member States in a situation of crisis can request the application of the measures in this Regulation individually or cumulatively. The implementing acts adopted by the Commission pursuant to this Regulation may apply to one or more Member States, if the conditions specified for the application of this Regulation are met individually by each Member State.
Amendment 140 #
Proposal for a regulation Recital 6 a (new) (6a) A situation of crisis shall not be established only on quantitative parameters. This Regulation should also take into account potential crises at local or regional level. Economic and social impacts on the local population shall be adequately assessed.
Amendment 141 #
Proposal for a regulation 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 142 #
Proposal for a regulation Recital 7 Amendment 143 #
Proposal for a regulation Recital 7 Amendment 144 #
Proposal for a regulation Recital 7 Amendment 145 #
Proposal for a regulation Recital 7 (7)
Amendment 146 #
Proposal for a regulation Recital 7 (7) In
Amendment 147 #
Proposal for a regulation Recital 7 (7) In addition to situations of crisis, Member States may be faced with
Amendment 148 #
Proposal for a regulation 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. 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 or a third country partner state reception centre should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the
Amendment 149 #
Proposal for a regulation Recital 7 a (new) (7a) For the effective implementation of the common framework and to assess the necessity, proportionality, effectiveness and impact of the adapted measures to respond to a situation of emergency, the Commission should regularly evaluate, report on and monitor the implementation of measures set out in this Regulation.
Amendment 150 #
Proposal for a regulation Recital 7 a (new) (7a) A situation of emergency should allow for the triggering of the full set of measures provided for in this Regulation.
Amendment 151 #
Proposal for a regulation Recital 7 b (new) (7b) Member States should take all the necessary measures to prevent a situation of emergency, by developing, maintaining, and strengthening all aspects of the Common European Asylum System. Where a situation of emergency has occurred, the Member State concerned should swiftly prepare an emergency response plan, which details measures needed to respond to and resolve a situation of emergency, including measures needed to overcome challenges in the functioning of the Common European Asylum System and to protect the rights of applicants for and beneficiaries of international protection. Furthermore, in times of emergency, Member States shall continue to respect their obligations to provide material reception conditions and basic needs, in line with the Directive (EU) XXX/XXX [Reception Conditions Directive].
Amendment 152 #
Proposal for a regulation Recital 8 Amendment 153 #
Proposal for a regulation Recital 8 Amendment 154 #
Proposal for a regulation Recital 8 Amendment 155 #
Proposal for a regulation Recital 8 (8) The solidarity mechanism for situations of migratory pressure as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] should be a
Amendment 156 #
Proposal for a regulation Recital 8 (8) The
Amendment 157 #
Proposal for a regulation Recital 8 (8) The solidarity mechanism for situations of migratory pressure as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] should be adapted to the specific needs of situations of crisis and force majeure by extending the personal scope of the solidarity measures provided for in that Regulation
Amendment 158 #
Proposal for a regulation Recital 9 Amendment 159 #
Proposal for a regulation Recital 9 Amendment 160 #
Proposal for a regulation Recital 10 Amendment 161 #
Proposal for a regulation Recital 10 Amendment 162 #
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
Amendment 163 #
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 relocation should include
Amendment 164 #
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,
Amendment 165 #
Proposal for a regulation Recital 10 (10) In order to ensure a swift access to the asylum procedure and quickly help alleviate the pressure faced by a Member State in a situation of
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].
Amendment 167 #
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 mandatory 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].
Amendment 168 #
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 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
Amendment 169 #
Proposal for a regulation Recital 10 (10)
Amendment 170 #
Proposal for a regulation Recital 10 a (new) (10a) In order to ensure that such contributions are in proportion to the share of the contributing Member State, the Commission should be able to increase or decrease such contributions by adopting an implementing act, in accordance with Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 171 #
Proposal for a regulation Recital 10 b (new) Amendment 172 #
Proposal for a regulation Recital 10 c (new) (10c) The solidarity provisions in situations described in this Regulation should be accompanied by immediate measures to ensure humanitarian protection, including first essential services, as well as dignified reception in compliance with the Directive XXX/XXX/EU [Reception Conditions Directive recast ] and adequate access to international protection procedures. For this purpose, existing crisis measures in the field of capacity building and operational support may be activated in such situations, under the coordination EU Mechanism for Migration Preparedness [Crisis Blueprint] and through the emergency support provided within the Union Civil Protection Mechanism (UCPM). Member States in a situation of crisis should further rely on increased efforts of the Union, including through its agencies, to assist in return operations.
Amendment 173 #
Proposal for a regulation Recital 11 Amendment 174 #
Proposal for a regulation Recital 11 Amendment 175 #
Proposal for a regulation Recital 11 (11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out 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. The concept of return sponsorship should include a precise definition of the roles of the country of entry, the sponsoring country and the European Border and Coast Guard Agency. If this instrument is chosen, Member States must be allowed to indicate the nationality of third-country nationals required to return, taking into account their bilateral cooperation with the countries of origin on returns and readmission.
Amendment 176 #
Proposal for a regulation Recital 11 (11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and
Amendment 177 #
Proposal for a regulation Recital 11 (11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out relocation and return sponsorship should be applied for the purpose of ensuring the proper implementation of the
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
Amendment 179 #
Proposal for a regulation Recital 12 (12) In the interest of a well- functioning Common European Asylum System, a situation
Amendment 180 #
Proposal for a regulation Recital 12 (12) In situations of
Amendment 181 #
Proposal for a regulation Recital 12 (12) In situations of crisis, Member States might need a wider set of measures in order to
Amendment 182 #
Proposal for a regulation Recital 12 (12) In situations of crisis, Member States might need a wider set of internal and external measures in order to manage a mass influx of third-
Amendment 183 #
Proposal for a regulation 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
Amendment 184 #
Proposal for a regulation 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 cont
Amendment 185 #
Proposal for a regulation Recital 12 (12) In situations of crisis, Member States
Amendment 186 #
Proposal for a regulation Recital 12 a (new) (12a) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does not request to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation and the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria. The applicant should also be informed of the necessity of presenting all information which is necessary for correctly determining the Member State responsible, in particular the presence of family members or relatives in the Member States. The applicant should also be fully informed of his or her rights, including the right to an effective remedy and legal assistance. The information should be provided to the applicant in a language that he or she understands, in a concise and easily accessible form, using clear and plain language and taking into account the particular needs of minors.
Amendment 187 #
Proposal for a regulation Recital 12 a (new) (12a) In order to alleviate pressure on the Member States with external borders, the Union will support effective border protection against illegal migration. An illegal migrant is any third-country national who enters the territory of the Member States without prior approval in the form of a visa or residence permit or who enters a Member State by force, or a person who enters a Member State and does not apply for protection at the first opportunity. A person who wishes to apply for international protection, must do so in a peaceful manner and at the first possible opportunity (at a border post, disembarkation point, or asylum processing facility). Should the third- country national enter a Member State by force or travel through a Member State without applying for protection, any application that is lodged will be denied, the person will be considered as an illegal migrant, and will be detained and returned to his or her country of origin.
Amendment 188 #
Proposal for a regulation Recital 12 a (new) (12a) In order to manage the crisis situation in a sustainable manner and discourage illegal border crossings and landings on the EU territory, the Commission, supported by the relevant EU agencies, should establish asylum processing centres in third countries, especially in those located on the southern side of the Mediterranean sea. In those facilities, EU trained staff should swiftly process asylum applications and establish whether applicants should be granted international protection and thus safely relocated to a Member State according to the criteria set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] or returned to countries of origin.
Amendment 189 #
Proposal for a regulation Recital 12 a (new) (12a) Recognising refugee status on a prima facie basis has been a common practice of both States and UNHCR for over 60 years. A prima facie approach means the recognition by a State or UNHCR of refugee status on the basis of readily apparent, objective circumstances in the country of origin or, in the case of stateless asylum-seekers, their country of former habitual residence. A prima facie approach acknowledges that those fleeing these circumstances are at risk of harm that brings them within the applicable refugee definition.
Amendment 190 #
Proposal for a regulation Recital 12 a (new) (12a) In a crisis situation, Member States should be able to put in place and maintain a system where submitting an asylum application is only possible in the consulates of safe third countries and where those arriving at the external border sections wishing to submit an application there, but arrive via a safe third country, would be redirected to the consulate of that Member State in the neighbouring safe third country.
Amendment 191 #
Proposal for a regulation Recital 12 b (new) (12b) The consideration of third-country nationals fleeing climate change, should also be taken into account, where appropriate, in the determination of the specific groups of applicants, eligible for being granted prima facie international protection. Member States are encouraged to grant in such cases a humanitarian status or any other status available under national law.
Amendment 192 #
Proposal for a regulation Recital 12 b (new) (12b) In order to alleviate pressure on the Member States with external borders, the Union will financially support the building of a physical barrier on those external borders. Physical barriers will help to manage a mass influx of third- country nationals and contain unauthorised movements.
Amendment 193 #
Proposal for a regulation Recital 12 c (new) (12c) An EU relocation coordinator will be responsible for improving coordination between Member States in the implementation of the mandatory solidarity mechanism. The coordinator would work closely with the Asylum Agency who would provide the technical support by establishing the reference key for the distribution of asylum seekers, developing information material and be responsible for the transfer of applicants, and beneficiaries of international protection, including prima facie beneficiaries, in all cases provided under this Regulation.
Amendment 194 #
Proposal for a regulation Recital 12 d (new) (12d) The European Union Asylum Agency should assist the EU relocation coordinator by determining the Member States responsible based on the criteria set out in this Regulation and ensuring the transfer to the Member State responsible. All applicants for international protection should be distributed in a proportionate manner among the Member States while fully taking into account family and other meaningful links of the applicants in the determination of the Member State responsible. Where Member States are themselves benefitting Member States, they should not be obliged to be a contributing Member State.
Amendment 195 #
Proposal for a regulation Recital 12 e (new) (12e) A distribution key based on the size of the population, the economy of the Member States and the unemployment rate should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State and ensure a fair sharing of responsibilities among Member States. The European Union Asylum Agency should establish this distribution key and set up an automated system to implement the solidarity mechanism. In case no criteria based on family and meaningful links can be applied, and the motivated application to any Member States based on other links was rejected, the applicant should be relocated to Member States which are below their share of applications on the basis of the distribution key. In such case, the applicant can choose between the 5 Member States with the lowest share of applications. After the transfer, the Member State of allocation should examine the application as the Member State responsible.
Amendment 196 #
Proposal for a regulation Recital 12 f (new) (12f) A Member State should be able, at its own initiative or at the request of another Member State, to provide additional relocation places on a voluntary basis to assist that Member State. In order to incentivise voluntary solidarity through additional relocations, those relocations should be supported financially by the AMIF fund.
Amendment 197 #
Proposal for a regulation Recital 12 g (new) (12g) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System. That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. If no family or other meaningful links can be found during the procedure of the determination of the Member State responsible, the applicant should be able to make a written, duly motivated request to be relocated to any Member States, in particular on the basis of cultural or social ties, language skills or other links that could facilitate his or her integration into a specific Member State and could not be taken into account under meaningful links as defined in this Regulation. These applications would be submitted by the determining Member State to these Member States, who would then apply the discretionary clause.
Amendment 198 #
Proposal for a regulation Recital 12 h (new) (12h) In situations of emergency, it is crucial to invest in the early provision of accessible information to applicants so that they will understand the procedures linked to this regulation. The Asylum Agency should in this regard develop suitable information material, in close cooperation with national authorities. In order to assist applicants, the agency should also develop audio-visual information material complementary to written information material. The information material should be translated and made available in all the major languages spoken by applicants for international protection arriving in the Union. As different categories of applicants have differing information needs, information would need to be provided in different ways and adapted to those needs, including for persons with disabilities. It is particularly important to ensure that minors have access to child- friendly information that is specific to their needs and situation.
Amendment 199 #
Proposal for a regulation Recital 12 i (new) (12i) Particular attention should be paid to identifying victims of trafficking in human beings, including directly after a Search and Rescue operation in order to offer protection and prevent them from being trafficked further into the Union. Suspicion of trafficking should be sufficient to transfer the person to a safe shelter.
Amendment 200 #
Proposal for a regulation Recital 12 j (new) (12j) A personal interview with the applicant should be organised in order to identify whether the applicant is eligible for prima facie international protection or facilitate the determination of the Member State responsible for examining the application for international protection unless the information provided by the applicant is sufficient and the applicant does not request to be heard. As soon as the application for international protection is made, the applicant should be informed about the application of this Regulation, and the procedures and criteria being used to determine a Member State responsible. The applicant should be informed of the necessity to present all information which is relevant for determining the Member State responsible, in particular the presence of family members or relatives in the Member States, as well as former residence, visas and educational diplomas. The applicant should be fully informed about his or her rights, including the right to effective remedy and free legal assistance. The information to the applicant should be provided in a language that he or she understands, in a concise, intelligible, and easily accessible form, using clear and plain language.
Amendment 201 #
Proposal for a regulation Recital 12 k (new) (12k) The person conducting the personal interview should have received sufficient training to take account of the personal and general circumstances of the applicants, including their cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Staff interviewing applicants should also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indicators showing that the person may have been tortured or victim of gender- based violence in the past.
Amendment 202 #
Proposal for a regulation Recital 12 l (new) (12l) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.
Amendment 203 #
Proposal for a regulation Recital 12 m (new) (12m) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge, and for carrying out transfers, should be short, while respecting the fundamental rights of applicants, the rights of vulnerable persons, in particular the rights of the child and the fundamental principle of the best interests of the child as well as the right to family reunification and the right to an effective remedy. Unaccompanied minors and families with minors, as well as vulnerable applicants should have their transfers prioritised.
Amendment 204 #
Proposal for a regulation Recital 12 n (new) (12n) In order to ensure family unity, the processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. The processing together of the applications of a family is without prejudice to the right of an applicant to make an application individually.
Amendment 205 #
Proposal for a regulation Recital 12 o (new) (12o) The definition of a family member in this Regulation should include the sibling or siblings as well as members of households that existed in the country of origin of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore also include families formed outside the country of origin.
Amendment 206 #
Proposal for a regulation Recital 12 p (new) (12p) In order to ensure full compliance with the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion unless it is demonstrated that this is not in the best interest of the child. Before transferring a minor to another Member State, the transferring Member State should obtain individual guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer a minor should be preceded by an assessment of his or her best interests by a multidisciplinary team with the necessary qualifications and expertise and the participation of his or her representative and legal advisor.
Amendment 207 #
Proposal for a regulation Recital 12 q (new) (12q) In times of emergency, it is crucial to simplify the rules on evidence to allow for a swifter family reunification. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary to establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. The best interests of the child should be a primary consideration throughout the family reunification procedure involving children, which must be completed in a positive, humane and expeditious manner.
Amendment 208 #
Proposal for a regulation Recital 12 r (new) (12r) Where a person states that he or she has a previous legal residence in a Member State, that Member State should be responsible for the examination of the application and a swift transfer should be made. In times of emergency, a light procedure of proof should be established to ensure a swift transfer.
Amendment 209 #
Proposal for a regulation Recital 12 s (new) (12s) Where a person states to have meaningful links to different Member States, the person should be able to choose to which Member State make the request to be responsible.
Amendment 210 #
Proposal for a regulation Recital 12 t (new) (12t) To increase the prospects of integration and facilitate the administrative processing of applications for international protection, it is beneficial to ensure that applicants who wish to be transferred together can register and be transferred under the automated distribution mechanism as a group to one Member State rather than to be split up between several Member States. The applicants themselves should be able to determine their group and can have the choice between the five Member States with the lowest share of applications in accordance with the distribution mechanism. Where an applicant qualifies for reunification with family members or other meaningful links or a Member State has chosen to assume responsibility for the application under the discretionary provisions of this Regulation, including upon the motivated request of the applicant, the applicant should not be able to form part of a group in the context of the automated distribution mechanism. Where an applicant belonging to a group cannot be transferred because of, for example health reasons, it should be possible to transfer the other members of the group or parts of the group to the Member State of allocation before the applicant who cannot be transferred. Once the obstacles to the transfer of the remaining applicant are resolved he or she should be transferred to the same Member State as the rest of the group.
Amendment 211 #
Proposal for a regulation Recital 12 u (new) (12u) A personal interview with the applicant should be organised in order to determine whether the applicant is eligible for prima facie international protection or facilitate the determination of the Member State responsible for examining an application for international protection unless the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does explicitly request not to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them and of the necessity to presenting all information which is relevant to determining the Member State responsible, in particular the presence of family members in the Member States and other meaningful links. The applicant should also be fully informed about his or her rights, including the right to an effective remedy and legal assistance. The information should be provided in a language that he or she understands and can communicate in, in a concise, transparent, intelligible and easily accessible form, using clear and plain language.
Amendment 212 #
Proposal for a regulation Recital 12 v (new) (12v) A person should not be held in detention on the basis of this Regulation. Detention or confinement of children, whether unaccompanied or within families, is never in their best interests and always constitutes a child’s rights violation. It should therefore be prohibited.
Amendment 213 #
Proposal for a regulation Recital 12 w (new) (12w) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments and simplifying the processing of take charge requests.
Amendment 214 #
Proposal for a regulation Recital 12 x (new) (12x) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez- passer for take charge requests; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 215 #
Proposal for a regulation Recital 13 Amendment 216 #
Proposal for a regulation Recital 13 Amendment 217 #
Proposal for a regulation Recital 13 (13) In order to allow Member States to deal with large numbers of applications for
Amendment 218 #
Proposal for a regulation Recital 13 (13)
Amendment 219 #
Proposal for a regulation Recital 14 Amendment 220 #
Proposal for a regulation Recital 14 Amendment 221 #
Proposal for a regulation Recital 14 Amendment 222 #
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, and to alleviate the pressure on their asylum systems while guaranteeing the highest standards in processing applications for international protection, 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 75% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border
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
Amendment 224 #
Proposal for a regulation Recital 14 a (new) (14a) In situations of instrumentalisation of migrants by third countries at the EU external borders, the Member State concerned may have the flexibility to take a decision in the framework of the border procedure on the admissibility and on 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.
Amendment 225 #
Proposal for a regulation Recital 14 a (new) (14a) The purpose of the asylum crisis management procedure is to quickly assess whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular or accelerated procedure and provided quick access to international protection.
Amendment 226 #
Proposal for a regulation Recital 14 b (new) (14b) Applicants who are identified as being in need of specific procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of a border procedure, an applicant in need of specific procedural guarantees should be exempted from those procedures.
Amendment 227 #
Proposal for a regulation Recital 15 Amendment 228 #
Proposal for a regulation Recital 15 Amendment 229 #
Proposal for a regulation 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 five days
Amendment 230 #
Proposal for a regulation 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
Amendment 231 #
Proposal for a regulation Recital 15 a (new) (15a) In a situation of crisis, in view of the possible strain on the asylum system, Member States should prevent entry in their territory of applicants trying to enter from a neighbouring safe third country. The Union can be called upon to support such prevention of entry.
Amendment 232 #
Proposal for a regulation Recital 16 Amendment 233 #
Proposal for a regulation Recital 16 Amendment 234 #
Proposal for a regulation Recital 16 (16)
Amendment 235 #
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].
Amendment 236 #
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].
Amendment 237 #
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 in full respect of Directive XXX/XXX/EU [Reception Conditions Directive recast] and in any event the periods of time should only be prolonged by an additional period not exceeding eight 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.
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
Amendment 239 #
Proposal for a regulation Recital 16 a (new) (16a) The responsible authorities should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children and applicants with specific vulnerabilities.
Amendment 240 #
Proposal for a regulation Recital 17 Amendment 241 #
Proposal for a regulation Recital 17 Amendment 242 #
Proposal for a regulation 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
Amendment 243 #
Proposal for a regulation 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 and are not allowed to remain, by providing the competent national authorities and EU agencies 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
Amendment 244 #
Proposal for a regulation Recital 17 (17) The return crisis management procedure should facilitate, in a situation of crisis, the swift return of illegally staying third-
Amendment 245 #
Proposal for a regulation 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 and 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
Amendment 246 #
Proposal for a regulation Recital 18 Amendment 247 #
Proposal for a regulation Recital 18 Amendment 248 #
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
Amendment 249 #
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
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
Amendment 251 #
Proposal for a regulation Recital 18 a (new) (18a) When applying the return crisis management procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
Amendment 252 #
Proposal for a regulation Recital 18 b (new) (18b) Member States should not hold a person in detention for the sole reason that he or she is an applicant for international protection. They should ensure that the relevant safeguards in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] apply. Member States should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children, and applicants with specific vulnerabilities. Such alternatives should be available both in law and fact at national level.
Amendment 253 #
Proposal for a regulation Recital 19 Amendment 254 #
Proposal for a regulation Recital 19 Amendment 255 #
Proposal for a regulation Recital 19 Amendment 256 #
Proposal for a regulation 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
Amendment 257 #
Proposal for a regulation Recital 19 (19) In order to allow for the proper
Amendment 258 #
Proposal for a regulation 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
Amendment 259 #
Proposal for a regulation Recital 20 Amendment 260 #
Proposal for a regulation Recital 20 Amendment 261 #
Proposal for a regulation Recital 20 Amendment 262 #
Proposal for a regulation Recital 20 (20) The Commission should
Amendment 263 #
Proposal for a regulation Recital 20 (20) The Commission should
Amendment 264 #
Proposal for a regulation Recital 20 (20) The Commission
Amendment 265 #
Proposal for a regulation Recital 20 (20) The Commission should examine a reasoned request submitted by
Amendment 266 #
Proposal for a regulation Recital 20 (20) The Co
Amendment 267 #
Proposal for a regulation Recital 20 a (new) (20a) The initiative to request an assessment of a situation of emergency can be taken by the Commission, the Member State in a situation of emergency, the Council or the European Parliament. The Commission should take into account requests for examining a possible situation of emergency from these institutional actors, as they all have a common responsibility to balance efforts, responsibility and solidarity within the Union, and between the Member States, as well as timely respond to a situation of emergency at an early stage in an effective and fair manner.
Amendment 268 #
Proposal for a regulation Recital 20 b (new) (20b) When assessing whether a Member State is in a situation of emergency, the Commission, based on detailed assessment, should take account of specific and measurable factors, including the number of asylum applicants, the reception capacity, the child-protection capacity, and the integration capacity of the Member State concerned.
Amendment 269 #
Proposal for a regulation Recital 21 Amendment 270 #
Proposal for a regulation Recital 21 Amendment 271 #
Proposal for a regulation 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
Amendment 272 #
Proposal for a regulation 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
Amendment 273 #
Proposal for a regulation 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 Co
Amendment 274 #
Proposal for a regulation 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
Amendment 275 #
Proposal for a regulation 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 u
Amendment 276 #
Proposal for a regulation Recital 22 Amendment 277 #
Proposal for a regulation Recital 22 Amendment 278 #
Proposal for a regulation Recital 22 Amendment 279 #
Proposal for a regulation Recital 22 (22) For the same reasons, the
Amendment 280 #
Proposal for a regulation Recital 22 (22) For the same reasons, the Co
Amendment 281 #
Proposal for a regulation 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
Amendment 282 #
Proposal for a regulation 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 f
Amendment 283 #
Proposal for a regulation Recital 22 a (new) (22a) The solidarity mechanism should ensure a fair sharing of responsibility and a balance of efforts between Member States. When Member States are confronted with a situation of emergency, they should receive swift support from other Member States through a fast, fair, and efficient relocation mechanism. To ensure a swift response, the procedure for determining responsibility in Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] should be simplified and a light procedure which would allow for the transfer of applicants that are likely to meet the relevant criteria set out in the Regulation (EU) XXX/XXX [Asylum and Migration Management] should apply. Where no meaningful links to a Member State can be determined, relocation shall be mandatory and automatic, taking into account the preferences of an applicant or beneficiary, in order to improve integration prospects.
Amendment 284 #
Proposal for a regulation Recital 22 b (new) (22b) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, and in view of optimising all relocation efforts, an EU Relocation Coordinator should be appointed by the Commission. The EU Relocation Coordinator should be tasked with monitoring and coordinating the operational aspects of relocations, should act as a central point of contact and information and should assist in solving conflicts arising between Member States in the implementation of this Regulation. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. The EU Relocation Coordinator should, in particular, endeavour to prioritise persons in a vulnerable situation, in particular unaccompanied minors, and beneficiaries of prima facie international protection in relocations. The office of the Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.
Amendment 285 #
Proposal for a regulation Recital 22 c (new) (22c) A reference key based on the size of the population and of the economy of the Member States, as well as the number of asylum applications processed and refugees resettled or admitted per capita should be applied as a point of reference for the operation of the solidarity mechanism in a situation of emergency, enabling the determination of the contribution of each Member State. This reference key should also be applied where no Member State can be identified as responsible for an asylum claim or for the beneficiary, on the basis of the criteria set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] and through the light procedure described in this Regulation. The Commission shall consult the EU Relocation Coordinator and the Asylum Agency when setting up this mechanism.
Amendment 286 #
Proposal for a regulation Recital 22 d (new) (22d) When no other Member State can be identified as responsible for an asylum application, the applicants who lodged their applications or for the beneficiary in the determining Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States, taking into account the applicants’ preferences.
Amendment 287 #
Proposal for a regulation Recital 22 e (new) (22e) A Member State should also be able to relocate applicants and beneficiaries, at its own initiative or at the request of another Member State in a situation of emergency, on a voluntary basis to assist that Member State in responding to the situation.
Amendment 288 #
Proposal for a regulation Recital 22 f (new) (22f) A Member State in an emergency situation, upon request, should also receive support from the solidarity pool as referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 289 #
Proposal for a regulation Recital 22 g (new) (22g) Considering the crucial role played by local and regional authorities in the field of relocation and integration, Member States should ensure that those local authorities, which so wish, can participate in the relocation process. Member States should take into account the relocation support offered by cities and regions, as relocation and integration relies mainly on the actors at local level; they are therefore key actors in the achievement of meaningful solidarity and successful relocation trajectories. Where Member States receive financial support for relocation, they should ensure that local and regional authorities supporting the relocation process benefit from this financial support.
Amendment 290 #
Proposal for a regulation Recital 22 h (new) Amendment 291 #
Proposal for a regulation Recital 22 i (new) (22i) Member States should ensure that beneficiaries of prima facie international protection benefit from refugee status in the country where such recognition is made and have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to refugees.
Amendment 292 #
Proposal for a regulation Recital 22 j (new) (22j) The situation of third-country nationals or stateless persons fleeing climate change should also be taken into account, where appropriate, in the determination of the specific groups of applicants eligible for being granted prima facie international protection.
Amendment 293 #
Proposal for a regulation Recital 23 Amendment 294 #
Proposal for a regulation Recital 23 Amendment 295 #
Proposal for a regulation Recital 23 Amendment 296 #
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
Amendment 297 #
Proposal for a regulation Recital 23 (23)
Amendment 298 #
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.
Amendment 299 #
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
Amendment 300 #
Proposal for a regulation Recital 23 (23) In a
Amendment 301 #
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,
Amendment 302 #
Proposal for a regulation Recital 24 Amendment 303 #
Proposal for a regulation Recital 24 Amendment 304 #
Proposal for a regulation Recital 24 Amendment 305 #
Proposal for a regulation Recital 24 Amendment 306 #
Proposal for a regulation Recital 24 Amendment 307 #
Proposal for a regulation Recital 24 (24) Persons granted immediate protection with a pending application should continue to be considered as applicants for international
Amendment 308 #
Proposal for a regulation Recital 24 (24) Persons granted
Amendment 309 #
Proposal for a regulation Recital 25 Amendment 310 #
Proposal for a regulation Recital 25 Amendment 311 #
Proposal for a regulation Recital 25 Amendment 312 #
Proposal for a regulation Recital 25 Amendment 313 #
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]
Amendment 314 #
Proposal for a regulation Recital 25 (25) Member States should ensure that
Amendment 315 #
Proposal for a regulation Recital 25 (25) Member States should
Amendment 316 #
Proposal for a regulation Recital 26 Amendment 317 #
Proposal for a regulation Recital 26 Amendment 318 #
Proposal for a regulation Recital 26 Amendment 319 #
Proposal for a regulation Recital 26 Amendment 320 #
Proposal for a regulation Recital 26 Amendment 321 #
Proposal for a regulation Recital 26 Amendment 322 #
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
Amendment 323 #
Proposal for a regulation Recital 26 a (new) (26a) The immediate protection status should be a temporary measure which should provide protection for a minimum of 6 months and for no longer than one year, after which Member States should ensure that more durable solutions are available.
Amendment 324 #
Proposal for a regulation Recital 26 b (new) (26b) Member States should ensure that persons granted prima facie international protection or immediate protection receive a document, in a language they can be reasonably expected to understand, which clearly sets out the provisions relating to their status and which are relevant to them.
Amendment 325 #
Proposal for a regulation Recital 26 c (new) (26c) In times of emergency, Member States should also take into consideration granting autonomous residence permits or other national authorisations offering a right to stay for compassionate, humanitarian or other reasons to a third- country national entering or staying irregularly on their territory.
Amendment 326 #
Proposal for a regulation Recital 27 Amendment 327 #
Proposal for a regulation Recital 27 Amendment 328 #
Proposal for a regulation Recital 27 Amendment 329 #
Proposal for a regulation Recital 27 (27) Since the adoption of Council Directive 2001/55/EC25
Amendment 330 #
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
Amendment 331 #
(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
Amendment 332 #
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 prima facie international protection and immediate protection status, in
Amendment 333 #
Proposal for a regulation Recital 27 a (new) (27a) When a Member State is in a situation of crisis, all efforts should be focused on alleviating the pressure on its asylum and reception systems. For this reason, the Member State concerned will be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. It will also be exempted from its obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 334 #
(27a) As the European way of life implies a set of democratic values and cultural perceptions, third country nationals cannot automatically be considered an integral part of European societies.
Amendment 335 #
Proposal for a regulation Recital 27 b (new) (27b) In order to shorten the duration of application procedures in situations of crisis, Member States should be encouraged, in certain cases, to prioritise the examination of applications from certain applicants by examining it before other, previously made applications, in a simplified manner, in particular with a focus to determine whether the applicant falls within the group of applicants whose application is likely to be well-founded as determined pursuant to this Regulation, and to do so in an expedited timeline.
Amendment 336 #
Proposal for a regulation 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 337 #
Proposal for a regulation Recital 27 c (new) (27c) In well-defined circumstances where an application for international protection is likely to be well-founded, Member States should simplify and accelerate the examination procedure, in particular by introducing shorter time limits for certain procedural steps, without prejudice to an adequate examination being carried out and to the applicant’s effective access to basic principles and guarantees provided for in Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 338 #
Proposal for a regulation Recital 27 d (new) (27d) In a situation of crisis, the Commission may oblige Member States to trigger accelerated and simplified procedures for processing manifestly well- founded requests for international protection. These procedures should be based on models that have proven to be efficient, flexible and fair for persons seeking international protection.
Amendment 339 #
Proposal for a regulation Recital 27 e (new) (27e) Applications for international protection that are likely to be well- founded pursuant to this Regulation should automatically be prioritised for relocation in the framework of the solidarity measures provided by other Member States.
Amendment 340 #
Proposal for a regulation Recital 28 Amendment 341 #
Proposal for a regulation Recital 28 Amendment 342 #
Proposal for a regulation Recital 28 Amendment 343 #
Proposal for a regulation Recital 28 (28) Specific rules should be set out for situations of force majeure, to allow Member States to extend the time limits set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] under strict conditions where it is impossible to comply with those time limits due to the extraordinary situation. Such extension should apply to the time limits set out for sending and replying to take charge requests and take back notifications as well as the time limit to transfer an applicant to the Member State responsible or a third country partner state reception centre.
Amendment 344 #
Proposal for a regulation 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 345 #
Proposal for a regulation Recital 28 a (new) (28a) Directive XXX/XXX/EU [Reception Conditions Directive recast] of the European Parliament and of the Council should apply to all procedures regulated under this Regulation.
Amendment 346 #
Proposal for a regulation Recital 29 Amendment 347 #
Proposal for a regulation Recital 29 Amendment 348 #
Proposal for a regulation Recital 29 Amendment 349 #
Proposal for a regulation Recital 29 Amendment 350 #
Proposal for a regulation Recital 29 (29) Specific rules should also be set out for situations of force majeure, to allow Member States to extend the time limits relating to registration of applications for international protection in Regulation (EU) XXX/XXX [Asylum Procedures Regulation]
Amendment 351 #
Proposal for a regulation Recital 30 Amendment 352 #
Proposal for a regulation Recital 30 Amendment 353 #
Proposal for a regulation Recital 30 Amendment 354 #
Proposal for a regulation Recital 30 (30)
Amendment 355 #
Proposal for a regulation Recital 30 (30) In such situations of force majeure, the Member State concerned
Amendment 356 #
Proposal for a regulation Recital 31 Amendment 357 #
Proposal for a regulation Recital 31 Amendment 358 #
Proposal for a regulation Recital 31 Amendment 359 #
Proposal for a regulation Recital 31 Amendment 360 #
Proposal for a regulation 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 361 #
Proposal for a regulation Recital 32 Amendment 362 #
Proposal for a regulation Recital 32 Amendment 363 #
Proposal for a regulation Recital 32 Amendment 364 #
Proposal for a regulation Recital 32 Amendment 365 #
Proposal for a regulation Recital 32 (32) Where a Member State is no longer facing a situation of force majeure, it
Amendment 366 #
Proposal for a regulation Recital 33 Amendment 367 #
Proposal for a regulation Recital 33 Amendment 368 #
Proposal for a regulation Recital 33 (33) To support Member States who undertake relocation as a solidarity measure, financial and capacity support from the EU budget should be provided.
Amendment 369 #
Proposal for a regulation Recital 33 (33)
Amendment 370 #
Proposal for a regulation Recital 33 (33) To support Member States as well as regional and local authorities who undertake relocation as a solidarity
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.
Amendment 372 #
Proposal for a regulation Recital 33 (33) To support Member States who undertake
Amendment 373 #
Proposal for a regulation Recital 33 a (new) (33a) Considering that a crisis in the field of asylum and migration at the external borders concerns the Union as a whole, the full spectrum of Union support should be made available to a Member State in a situation of crisis. Such support should entail an increased role for the EU agencies, most notably the European Union Asylum Agency and the European Border and Coast Guard Agency, for which the deployment of their supporting tasks in the Member State facing a crisis may be initiated by the Commission through an implementing act adopted under this Regulation. The EU agencies should prioritise their operational and technical support to the Member State concerned.
Amendment 374 #
Proposal for a regulation Recital 33 a (new) (33a) The Member State facing the situation of emergency in the field of asylum should be provided upon request with financial, technical and capacity support by the Asylum Agency and additional emergency funding, that should be complementary and additional to existing funding and support. Such funding should include funding for search and rescue operations. Additional emergency funding should be conditional upon the compliance of the Member state with fundamental rights of third country nationals.
Amendment 375 #
Proposal for a regulation Recital 33 b (new) (33b) When the increased supporting tasks of the EU agencies under this Regulation bear too much of a burden on their budget, this should be accounted for by the Commission in their annual budget revision.
Amendment 376 #
Proposal for a regulation Recital 33 c (new) Amendment 377 #
Proposal for a regulation Recital 33 d (new) (33d) When the EU Crisis Coordinator considers that a Member State is not able to provide appropriate reception facilities for persons seeking international protection under Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States should be encouraged to provide support through the Union Civil Protection Mechanism with material resources. The EU Crisis Coordinator may propose to include certain categories of reception and migration management facilities to the rescEU reserve.
Amendment 378 #
Proposal for a regulation Recital 33 e (new) (33e) The Commission, in coordination with the EU Crisis Coordinator, should be responsible for monitoring continuously whether the measures triggered by this Regulation remain necessary. Those measures should remain applicable until the Commission determines that the situation of crisis in a Member State has ended. To that end, the Commission may be invited to act by the Council.
Amendment 379 #
Proposal for a regulation Recital 34 Amendment 380 #
Amendment 381 #
Proposal for a regulation Recital 34 Amendment 382 #
Proposal for a regulation Recital 34 (34) In order to
Amendment 383 #
Proposal for a regulation Recital 34 (34) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission regarding the establishment of the decision on a situation of emergency, and definition of categories eligible for prima facie international protection. In accordance with the principles laid down in the Interinstitutional agreement of 13 April 2016 on Better Law Making, the European Parliament should be equally involved as the Council in the preparation of delegated acts and have the same access to meetings and documents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 .
Amendment 384 #
Proposal for a regulation Recital 35 Amendment 385 #
Proposal for a regulation Recital 35 Amendment 386 #
Proposal for a regulation Recital 35 Amendment 387 #
Proposal for a regulation Recital 35 Amendment 388 #
Proposal for a regulation Recital 35 Amendment 389 #
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
Amendment 390 #
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
Amendment 391 #
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, time-specific protection status.
Amendment 392 #
Proposal for a regulation Recital 36 Amendment 393 #
Proposal for a regulation Recital 36 Amendment 394 #
Proposal for a regulation Recital 36 (36) The Commission should adopt immediately applicable
Amendment 395 #
Proposal for a regulation Recital 36 a (new) (36a) Bearing in mind the importance of identifying infringements of EU asylum acquis at the earliest stage possible, the Commission should monitor on a constant basis potential infringements, and report yearly on the implementation of EU asylum acquis in each Member State. The Commission should initiate infringement procedures in case of non compliance. In times of emergency, particular attention should be paid to the access to the asylum procedure on EU's territory as well as at the EU's external borders, the fulfilment of relocations obligations by other Member States as well as the compliance with the Receptions Conditions Directive.
Amendment 396 #
Proposal for a regulation Recital 37 (37) This Regulation respects
Amendment 397 #
Proposal for a regulation Recital 37 (37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in
Amendment 398 #
Proposal for a regulation Recital 37 (37) This Regulation respects the fundamental rights
Amendment 399 #
Proposal for a regulation Recital 37 (37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for human dignity, the right to life, the principle of the best interest of the child, the prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extradition. The Regulation should be implemented in compliance with the Charter and general principles of Union law as well as international law, including refugee protection, human rights obligation and the prohibition of refoulement.
Amendment 400 #
Proposal for a regulation Recital 37 a (new) (37a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.
Amendment 401 #
Proposal for a regulation Recital 37 a (new) (37a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.
Amendment 404 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation addresses situations of crisis
Amendment 405 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation addresses a situation
Amendment 406 #
Proposal for a regulation 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
Amendment 407 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation addresses situations of
Amendment 408 #
Proposal for a regulation 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
Amendment 409 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 1 (new) This Regulation establishes an emergency response mechanism, aiming at alleviating pressure for Member States facing a situation of emergency, ensuring fair sharing of responsibility and protecting and enhancing the rights of applicants for and beneficiaries of international protection and other forms of protection, including access to asylum procedures and adequate reception conditions.
Amendment 410 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. Upon the request of a Member State, the European Council may declare that a Member State is confronted with a situation of crisis and set out the exact range of measures to be applied in such situation.
Amendment 411 #
Proposal for a regulation Article 1 – paragraph 2 – introductory part 2. For the purposes of this Regulation, a situation of
Amendment 412 #
Proposal for a regulation Article 1 – paragraph 2 – introductory part 2.
Amendment 413 #
Proposal for a regulation Article 1 – paragraph 2 – point a Amendment 414 #
Proposal for a regulation 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
Amendment 415 #
Proposal for a regulation 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
Amendment 416 #
Proposal for a regulation 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
Amendment 417 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) an exceptional situation
Amendment 418 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving i
Amendment 419 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving i
Amendment 420 #
Proposal for a regulation 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
Amendment 421 #
Proposal for a regulation 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
Amendment 422 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) an exceptional situation of mass
Amendment 423 #
Proposal for a regulation Article 1 – paragraph 2 – point a a (new) (a a) Force majeure is to be understood as an unavoidable situation of crisis, where an irresistible force beyond the control of a Member State occurs, making it pragmatically impossible for this Member State to perform its obligations under Union asylum and migration law.
Amendment 424 #
Proposal for a regulation Article 1 – paragraph 2 – point b Amendment 425 #
Proposal for a regulation Article 1 – paragraph 2 – point b Amendment 426 #
Proposal for a regulation Article 1 – paragraph 2 – point b Amendment 427 #
Proposal for a regulation Article 1 – paragraph 2 – point b (b) an imminent risk of such a situation
Amendment 428 #
Proposal for a regulation Article 1 – paragraph 2 – point b (b) an imminent risk of such a situation which cannot be diminished by immediate actions in the external dimension or before entry of those persons.
Amendment 429 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2a. Temporary measures adopted pursuant to this Regulation shall meet the requirements of necessity and proportionality, shall be appropriate to achieving their stated aims and shall be without prejudice to the obligations of the Member States' under the Charter of the Fundamental Rights of the European Union, international law and the EU asylum acquis. Such measures shall be consistent with the Member States obligations under international law and the EU asylum acquis, namely a full and individual examination of the circumstances surrounding an applicant’s need of protection.
Amendment 430 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2a. This Regulation does not apply when either the Commission or the Council has taken a decision that finds that a third country is engaging in hybrid warfare against the Union by employing migration as a weapon in order to destabilise a Member State or the Union.
Amendment 431 #
Proposal for a regulation Article 1 a (new) Amendment 432 #
Proposal for a regulation Article 1 a (new) Article 1 a Annual determination of minimum crisis capacity 1. In order to establish what constitutes a demonstrably well-prepared asylum, reception or return system as referred to in Article 1(2)(a), the Commission shall, by means of an implementing act, establish annually the minimum crisis capacity for the Member States. The Commission shall do so upon adopting the Migration Management Report referred to in Article 6(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management]. 2. In determining the minimum crisis capacity of each Member State, the Commission shall base its assessment on the elements listed in Article 6(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 433 #
Proposal for a regulation Article 1 b (new) Amendment 434 #
Proposal for a regulation Chapter II – title II
Amendment 435 #
Proposal for a regulation Chapter II – title II Solidarity
Amendment 436 #
Proposal for a regulation Chapter II – title II
Amendment 437 #
Proposal for a regulation Chapter II – title II
Amendment 438 #
Proposal for a regulation Article 2 Amendment 439 #
Proposal for a regulation Article 2 Amendment 440 #
Proposal for a regulation Article 2 Amendment 441 #
Proposal for a regulation Article 2 – title Amendment 442 #
Proposal for a regulation 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
Amendment 443 #
Proposal for a regulation 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
Amendment 444 #
Proposal for a regulation Article 2 – paragraph 1 1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations where measures according to Chapter III of this Regulation are not sufficient for managing the situation 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 4
Amendment 445 #
Proposal for a regulation 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
Amendment 446 #
Proposal for a regulation Article 2 – paragraph 1 1. For the purpose of providing
Amendment 447 #
Proposal for a regulation Article 2 – paragraph 1 a (new) 1a. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis, solidarity response plans include the establishment of a mandatory relocation mechanism based on specific distribution criteria for each contributing Member State according to the latest available Eurostat data, in particular the size of the population (40% weighting), the total GDP (40% weighting) and the unemployment rate (20% weighting).
Amendment 448 #
Proposal for a regulation 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
Amendment 449 #
Proposal for a regulation Article 2 – paragraph 4 4. By way of derogation from Article 51(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management] the report referred to therein shall indicate whether the Member State concerned is in a situation of crisis as defined in Article 1(2)(a) of this Regulation or there is an imminent risk of such a situation as defined in Article 1(2)(b) of this Regulation.
Amendment 450 #
Proposal for a regulation Article 2 – paragraph 5 Amendment 451 #
Proposal for a regulation Article 2 – paragraph 5 Amendment 452 #
Proposal for a regulation Article 2 – paragraph 5 Amendment 453 #
Proposal for a regulation Article 2 – paragraph 5 Amendment 454 #
Proposal for a regulation Article 2 – paragraph 5 5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2) and persons referred to in Article 47(1).
Amendment 455 #
Proposal for a regulation Article 2 – paragraph 5 5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], mandatory relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2).
Amendment 456 #
Proposal for a regulation Article 2 – paragraph 5 5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in point
Amendment 457 #
Proposal for a regulation Article 2 – paragraph 6 Amendment 458 #
Proposal for a regulation Article 2 – paragraph 6 Amendment 459 #
Proposal for a regulation Article 2 – paragraph 6 Amendment 460 #
Proposal for a regulation Article 2 – paragraph 6 Amendment 461 #
Proposal for a regulation Article 2 – paragraph 6 6. By way of derogation from Article 54 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the share calculated in accordance with the formula set out in that Article shall also apply to measures set out in Article 45(2), point
Amendment 462 #
Proposal for a regulation Article 2 – paragraph 7 Amendment 463 #
Proposal for a regulation Article 2 – paragraph 7 Amendment 464 #
Proposal for a regulation Article 2 – paragraph 7 Amendment 465 #
Proposal for a regulation Article 2 – paragraph 7 Amendment 466 #
7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at
Amendment 467 #
Proposal for a regulation Article 2 – paragraph 7 a (new) 7a. In meeting its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast], the Member State in a situation of crisis shall receive support from the European Union funding, where necessary.
Amendment 468 #
Proposal for a regulation Article 2 a (new) Amendment 469 #
Proposal for a regulation Article 2 a (new) Article 2 a Assessment of a situation of emergency 1. The Commission shall assess whether a Member State is in a situation of emergency as defined in Article 1 in any of the following cases: (a) the Member State has informed the Commission in a detailed request that it considers itself to be in a situation of emergency; (b) the Commission considers that the Member States may be in a situation of emergency ; (c) the European Parliament or the Council considers that the Member State is in a situation of emergency. 2. When assessing whether a Member State is in a situation of emergency the Commission shall consult the Asylum Agency, the Fundamental Rights Agency as well as international organisations, in particular the Council of Europe Commissioner for Human Rights, UNHCR and IOM, and take into account the information provided to them. 3. The Commission shall consult the Member State concerned during its assessment. 4. The Commission shall immediately notify the European Parliament, the Council and the Member State concerned that it is undertaking such an assessment. 5. An assessment of a situation of emergency shall take into account the following elements: (a) the number of applications for international protection by third-country nationals and the nationality of the applicants; (b) the number of unaccompanied minors; (c) the information provided by the Member State concerned, including concerning its capacity to process the increased requests for international protection, to provide reception to all persons, including to persons with specific procedural and reception needs and unaccompanied minors; (d) the support provided by the Asylum Agency to the Member state potentially in a situation of emergency.
Amendment 470 #
Proposal for a regulation Article 2 a (new) Article 2 a Solidarity for Asylum applications processed in centres in third countries in case of crisis: 1. The European Commission in cooperation with the relevant EU agencies, mainly Frontex and EASO, shall set up asylum processing centres in third countries. 2. Staff serving in those facilities shall be adequately trained to swiftly process asylum applications in accordance with Union and national law. 3. Applicants that receive a positive decision shall be relocated according to the conditions set out in Article 45 paragraph 2 (a) of Regulation (EU) XXX/XXX [Asylum and Migration Management]. 4. Applicants that do not receive a positive decision shall be immediately returned to their country of origins.
Amendment 471 #
Proposal for a regulation Article 2 b (new) Amendment 472 #
Proposal for a regulation Article 2 b (new) Article 2 b Decision on a situation of emergency 1. The Commission shall adopt a reasoned decision on a situation of emergency following the request for an assessment carried out pursuant to Article 2a, no later than 7 days after the notification, and submit it to the European Parliament and the Council. 2. In its decision to be adopted by means of a delegated act, the Commission shall include: (a) recommendations to the Member State concerned to improve its reception and processing capacities in order to fulfil its obligations under the EU acquis, including possible additional support from the Asylum Agency, UNHCR and IOM; (b) the categories of persons to be eligible for the prima facie international protection procedure; (c) the expected timeframe for the implementation of the mandatory relocation mechanism.
Amendment 473 #
Proposal for a regulation Article 2 c (new) Amendment 474 #
Proposal for a regulation Article 2 c (new) Article 2 c End of a situation of emergency When the Commission assesses that a Member State is no longer in a situation of emergency, the Commission shall adopt a delegated act to determine that the situation of emergency has ended, following the same procedure as for the assessment of the emergency.
Amendment 475 #
Proposal for a regulation Article 2 d (new) Article 2 d Monitoring the implementation of measures in times of a situation of emergency 1. The provisions of this Regulation shall fall within the scope of the monitoring mechanism established in Regulation (EU) XXX/XXX [Screening Regulation]. 2. The EUAA and the Commission shall carry out an evaluation of measures set out in this Regulation every 2 months, in order to assess their necessity, proportionality, effectiveness, and impact on the fundamental rights of asylum- seekers, and the overall Common European Asylum System. The EUAA and the Commission shall present an evaluation report on the main findings to the European Parliament and the Council. The Commission shall, in line with the procedure set out in Article 12a terminate the application of measures in the given Member State immediately, should the evaluation(s) carried out pursuant to paragraph 2 indicate that measures are no longer necessary, proportionate, or have led to the violation of fundamental rights of an applicant. 3. The Commission shall report annually to the European Parliament and the Council on the application of this Regulation. When reporting to the European Parliament and the Council, the Commission shall consider the necessity, proportionality, output, application, and effectiveness of the measures adopted and the procedures set out in the Regulation, the complementarity of this instrument with others, and the impact any adopted measures have on the fundamental rights of asylum-seekers and beneficiaries of international protection, and the overall Common European Asylum System. The annual report should also propose improvements where weaknesses are apparent. 4. A situation of emergency as defined by this Regulation shall not preclude the Asylum Agency from carrying out the monitoring exercise as described in Regulation (EU) 2021/2303 [EUAA].
Amendment 476 #
Proposal for a regulation Article 2 e (new) Article 2 e End of a situation of emergency When the Commission considers that, on the basis of the criteria listed in Article 2a, a Member State is no longer in a situation of emergency, or when it considers, as part of the evaluation, that the temporary measures are no longer necessary or proportionate as referred to in Article 2d(2), the Commission shall adopt a delegated act in accordance with Article 12a to determine that the situation of crisis in a Member State has ended.
Amendment 477 #
Proposal for a regulation Chapter III – title III
Amendment 478 #
Proposal for a regulation Chapter III – title III Asylum
Amendment 479 #
Proposal for a regulation Chapter III – title III
Amendment 483 #
Proposal for a regulation Article 3 – paragraph 1 1. Where a Member State considers that it is facing
Amendment 484 #
Proposal for a regulation Article 3 – paragraph 1 1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State
Amendment 485 #
Proposal for a regulation Article 3 – paragraph 1 1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State shall submit a reasoned
Amendment 486 #
Proposal for a regulation Article 3 – paragraph 1 1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State shall submit a reasoned request to the Co
Amendment 487 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 488 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 489 #
Proposal for a regulation Article 3 – paragraph 2 2. Where, on the basis of the examination carried out in accordance with paragraph 8, the Commission considers
Amendment 490 #
Proposal for a regulation Article 3 – paragraph 2 2.
Amendment 491 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 492 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 493 #
Proposal for a regulation Article 3 – paragraph 3 3. The implementing decision referred to in paragraph 2 shall be
Amendment 494 #
Proposal for a regulation Article 3 – paragraph 3 3. The implementing decision referred to in paragraph 2 shall be adopted within ten days from the
Amendment 495 #
Proposal for a regulation 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 4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for
Amendment 497 #
Proposal for a regulation Article 3 – paragraph 4 4. The
Amendment 498 #
Proposal for a regulation Article 3 – paragraph 4 4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six months. That period
Amendment 499 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 500 #
Proposal for a regulation Article 3 – paragraph 5 5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of
Amendment 501 #
Proposal for a regulation Article 3 – paragraph 5 5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of f
Amendment 502 #
Proposal for a regulation Article 3 – paragraph 5 5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of
Amendment 503 #
Proposal for a regulation Article 3 – paragraph 6 Amendment 504 #
Proposal for a regulation Article 3 – paragraph 6 Amendment 505 #
Proposal for a regulation Article 3 – paragraph 7 Amendment 506 #
Proposal for a regulation Article 3 – paragraph 7 7. When submitting the
Amendment 507 #
Proposal for a regulation Article 3 – paragraph 7 7. When submitting the
Amendment 508 #
Proposal for a regulation Article 3 – paragraph 7 7. When submitting the request
Amendment 509 #
Proposal for a regulation Article 3 – paragraph 8 Amendment 510 #
Proposal for a regulation 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
Amendment 511 #
Proposal for a regulation Article 3 – paragraph 8 8. The Commission shall examine the
Amendment 512 #
Proposal for a regulation Article 3 – paragraph 8 8. The Commission shall examine the reasoned
Amendment 513 #
Proposal for a regulation Article 3 a (new) Amendment 514 #
Proposal for a regulation Article 3 a (new) Article 3 a EU Relocation coordinator 1. With a view to supporting the implementation of the distribution mechanism under this Regulation, the Commission shall appoint an EU Relocation coordinator, who will coordinate the relocation from the benefitting Member State to the contributing Member States. 2. In its tasks, the EU Relocation coordinator should be assisted by an Office in order to support coordination between the Member States to ensure the streamlining of procedures. 3. The EU relocation coordinator would be supported by the Asylum Agency who is tasked to calculate the distribution key, to set up and manage the automated software to distribute applicants for international protection according to the criteria set in this Regulation.
Amendment 515 #
Proposal for a regulation Article 3 a (new) Article 3 a Applications in safe third countries 1. In a crisis situation, Member States may put in place and maintain a system where submitting an asylum application is only possible in the consulates of safe third countries. 2. Those arriving at the external border of a Member State to submit an asylum application there, and who arrive via a safe third country, may be redirected to the consulate of the Member State in the neighbouring safe third country.
Amendment 516 #
Proposal for a regulation Article 3 a (new) Article 3 a Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] 1. In a situation of crisis, applications made within the period during which this Article is applied shall be registered no later than four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 517 #
Proposal for a regulation Article 3 b (new) Amendment 518 #
Proposal for a regulation Article 3 b (new) Article 3 b Automatic allocation in a situation of emergency 1. In a situation of emergency as referred to in Article 1a(1)(a), where it is not possible to determine the Member State responsible in accordance with the light procedure in Article 3a, or where relocation is to be applied and no meaningful links to a Member State can be established, the Member State in a situation of emergency shall communicate to the applicant or beneficiaries of international protection, including prima facie international protection holders, that he or she will be transferred to a Member State of allocation which, where applicable, will become responsible for examining his or her claim for international protection. 2. On the basis of the reference key referred to in Article 3c, a list of four Member States with the lowest number of applicants relative to their share pursuant to that reference key shall be determined. 3. The Member State in a situation of emergency shall communicate the list referred to in paragraph 2, together with information about the Member States on that list, to the applicant or beneficiary. Within three days of that communication, the applicant or beneficiary shall be given the opportunity to select among the four Member States included in the list. 4. If the applicant or beneficiary does not select a Member State in accordance with the first subparagraph, the Member State in a situation of emergency shall allocate the applicant or beneficiary to the Member State with the lowest number of applicants relative to their share pursuant to the reference key, or to another Member State which has agreed to admit them on voluntary basis in line with Article 25 of the Regulation (EU) XXX/XXX [Asylum and Migration Management]. 5. The EU Relocation Coordinator shall support and facilitate the procedures leading to the relocation of applicants and beneficiaries, paying particular attention to unaccompanied minors and other persons in a vulnerable situation. The coordinator shall always ensure family unity, when implementing relocation procedures. They shall coordinate the operational aspects of relocation, including with the assistance of experts or teams of experts to be deployed by the Asylum Agency or the European Border and Coast Guard Agency.
Amendment 519 #
Proposal for a regulation Article 3 b (new) Article 3 b Extension of time limit for screening procedures 1. By way of derogation from Article 6(3) of Regulation (EU) XXX/XXX [Screening Regulation], the period during which a screening procedure is carried out may be extended by five days.
Amendment 520 #
Proposal for a regulation Article 3 c (new) Amendment 521 #
Proposal for a regulation Article 3 c (new) Article 3 c Reference key 1. The share of relocation contributions by each contributing Member State shall be calculated by the Asylum Agency and the EU Relocation Coordinator, in accordance with the following criteria for each Member State, according to the latest available Eurostat data: (a) the size of the population (35% weighting); (b) the total GDP (35% weighting); (c) the average number of asylum requests processed per one million inhabitants (15% weighting); (d) the average number of resettled or admitted refugees per one million inhabitants (15% weighting).
Amendment 522 #
Proposal for a regulation Article 3 d (new) Article 3 d Relocation in a situation of emergency 1. Relocation contributions for the benefit of a Member State in a situation of emergency shall consist of: (a) relocation of applicants for international protection, including beneficiaries of immediate protection whose applications are pending; (b) relocation of beneficiaries of prima facie international protection; (c) relocation of beneficiaries of international protection who have been granted international protection for less than three years and who have requested such relocation in writing. 2. The procedural requirements for relocation specified in Chapter II of Regulation (EU) XX/XXXX [Asylum and Migration Management] shall apply to relocation in a situation of emergency. 3. Under the coordination of the EU Relocation Coordinator, the Asylum Agency shall draw up the list of eligible persons to be relocated. The list shall indicate the distribution of those persons among the contributing Member States taking into account the total number of persons to be relocated by each Member State, the nationality of those persons and the existence of meaningful links between them and the Member State of relocation. Eligible persons shall be consulted in the course of determining meaningful links and shall have the right to object to such categorisation. Priority shall be given to the relocation of unaccompanied minors and other persons in a vulnerable situation, including persons granted prima facie international protection. Where a person has meaningful links to more than one Member State, the person’s preference shall prevail. Where no meaningful links can be determined, the procedure in Article 3b shall apply. 4. In a situation of emergency, relocation contributions from the solidarity pool established under Article 48 of Regulation (EU) XX/XXXX [Asylum and Migration Management] may be used for the purpose of immediately alleviating pressure on the Member State concerned. Where the solidarity pool is insufficient for the purpose of immediately alleviating the challenges faced by the Member State in a situation of emergency, solidarity contributions from the solidarity pool of the other Member States established under Article 48(1) Regulation (EU) XX/XXXX [Asylum and Migration Management] may be used insofar as this does not jeopardize the functioning of the pool for those Member States.
Amendment 523 #
Proposal for a regulation Article 3 d (new) Article 3 d Reference key The share of relocation contributions by each contributing Member State shall be calculated by the Asylum Agency, in accordance with the following formula for each Member State, according to the latest available Eurostat data: (a) the size of the population (40% weighting) (b) the total GDP (40% weighting) (c) the unemployment rate (20% weighting)
Amendment 524 #
Proposal for a regulation Article 3 e (new) Article 3 e EU Relocation Coordinator 1. With a view to supporting the mandatory relocation established in this Regulation, the Commission shall appoint an EU Relocation Coordinator, who will act as a contact point, in order to coordinate the relocation activities from the Member State in a situation of emergency to the contributing Member States implementing their relocation obligations. 2. The EU Relocation Coordinator shall: (a) coordinate and support communication between the Member States involved; (b) keep an overview of the persons eligible for relocation, and follow up on the ongoing relocations, and on the contributions of the Member States involved; (c) organise, at regular intervals, meetings between the authorities of the Member State concerned, and the contributing Member State, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States, in the interest of the persons eligible for relocation and the efficiency of the mandatory relocation mechanism; (d) promote best practices in the field of relocation; (e)encourage Member States to take into consideration the capacities and willingness of regional and local authorities to take part in relocation efforts. 3. The office of the EU Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.
Amendment 525 #
Proposal for a regulation Article 3 e (new) Amendment 526 #
Proposal for a regulation Article 3 f (new) Article 3 f Financial, operational and humanitarian support in times of emergency 1. Funding support following relocation pursuant to Articles 3a to 3d of this Regulation shall be implemented in accordance with Article 20 of Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund, based on the objective referred to in Article 3(2)(d) of that Regulation. 2. Emergency funding support for the Member State in a situation of emergency may be accorded pursuant Article 31 (1)(a) and (b) of Regulation (EU) 2021/1147. Funding pursuant to Article 9(1), Article 11(9) and Annex II(2.)(d) and Annex IV of Regulation (EU) 2021/1147 may be allocated to local and regional authorities and organisations supporting relocation efforts by their Member States. 3. Upon request, and in full cooperation and coordination with the EU Relocation Coordinator, the Commission shall coordinate the operational aspects of the relocation contributions proposed by the contributing Member States, including any assistance or teams deployed by the European Union Agency for Asylum to provide operational support. The operational assistance by the Asylum Agency can include case officers, legal aid, and interpreters, with a view to the smooth implementation of the relocation processes. Member States shall rely on the Asylum Agency for assistance in training, operational and technical assistance on the basis of the Regulation (EU) XXX/XXX [European Union Asylum Agency Regulation]. 4. Upon request, and in full cooperation and coordination with the EU Relocation Coordinator, the Commission shall also coordinate the humanitarian support provided to the Member State in a situation of emergency. Humanitarian support shall be mobilised from the available humanitarian tools, including the European Civil Protection Pool and rescEU on the basis of the Decision (EU) 2019/420.
Amendment 527 #
Proposal for a regulation Article 3 g (new) Article 3 g The responsibility of the Member State in a situation of emergency 1. In line with Directive XXX/XXX/EU [Reception Conditions Directive recast], the Member State in a situation of emergency shall continue to provide material reception conditions and basic needs, including mental and physical healthcare, to applicants for international protection. 2. Pursuant to Article 14 of the Reception Conditions Directive, the Member State concerned shall continue granting to minor children of applicants and to applicants who are minors access to education under similar conditions as for their nationals. 3. In times of emergency, the Member State concerned may provide immediate access to labour market to applicants for and beneficiaries for international protection, especially those deemed as ‘essential staff’.
Amendment 528 #
Proposal for a regulation Article 4 A
Amendment 529 #
A
Amendment 530 #
Proposal for a regulation Article 4 A
Amendment 531 #
Proposal for a regulation Article 4 – paragraph 1 – point a Amendment 532 #
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
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,
Amendment 534 #
Proposal for a regulation Article 4 – paragraph 1 – point a a (new) (a a) By way of derogation from Article 41(2)(a) and (b) and Article 41(5) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], in situations of instrumentalisation of migrants by third countries at the EU external borders, the Member State confronted with the arrival of third-country nationals or stateless persons at its external border as a consequence of such situations may take a decision in the framework of the border procedure on the admissibility and on 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.
Amendment 535 #
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 eight weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the
Amendment 536 #
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
Amendment 537 #
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
Amendment 538 #
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
Amendment 539 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) By way of derogation from Article
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
Amendment 541 #
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
Amendment 542 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. In applying the asylum crisis management procedure, Member States shall prioritise the examination of applications that are likely to be well- founded, applicants with specific vulnerabilities, including due to their state of health, or applications which are lodged by minors and their family members. The best interest of the child and family life and of the third-country national concerned shall be taken into account throughout the procedure.
Amendment 543 #
Proposal for a regulation Article 4 – paragraph 1 b (new) 1b. During the asylum crisis management procedure, the basic principles and guarantees of Chapter II of the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] shall apply to ensure that the rights of those who seek international protection are protected, while maintaining the right to asylum and respect of the principle of non- refoulement. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
Amendment 544 #
Proposal for a regulation Article 5 Amendment 545 #
Amendment 546 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 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
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
Amendment 548 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article
Amendment 549 #
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
Amendment 550 #
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
Amendment 551 #
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
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
Amendment 553 #
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-
Amendment 554 #
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
Amendment 555 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 556 #
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 the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled
Amendment 557 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c)
Amendment 558 #
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 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
Amendment 559 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) In addition to the cases provided for
Amendment 560 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 561 #
Proposal for a regulation Article 5 – paragraph 2 2. Paragraph 1 shall also apply to applicants, third-country nationals and stateless persons subject to the procedure referred to in Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] whose application has been rejected before the adoption by the Commission of a decision issued in accordance with Article 3 of this Regulation but after the relevant notification of the affected Member State, and who have no right to remain
Amendment 562 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2a. Applicants for international protection shall benefit from their rights under Directive XXX/XXX/EU [Reception Conditions Directive recast] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as soon as they make an application, regardless of when the registration takes place.
Amendment 563 #
Proposal for a regulation Article 5 – paragraph 2 b (new) 2b. The Member State in a situation of crisis shall provide for additional and sufficient human and material resources to be able to meet its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast].
Amendment 564 #
Proposal for a regulation Article 5 – paragraph 2 c (new) 2c. During the return crisis management procedure, the right to asylum and the principle of non- refoulement will always be respected.
Amendment 565 #
Proposal for a regulation Article 5 a (new) Article 5 a Exemption to assume responsibility under Regulation (EU) XXX/XXX [Asylum and Migration Management] Where a Member State is in a situation of crisis, it shall be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. In such cases, a requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer in a situation of crisis. Where, because of the persistence of the situation of crisis, the transfer cannot take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
Amendment 566 #
Proposal for a regulation Article 5 b (new) Article 5 b Exemption of obligations as regards solidarity measures in a situation of crisis In a situation of crisis, Member States shall be exempted from their obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation.
Amendment 567 #
Proposal for a regulation Article 6 Amendment 568 #
Proposal for a regulation Article 6 Amendment 569 #
Proposal for a regulation Article 6 Amendment 570 #
Proposal for a regulation 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
Amendment 571 #
Proposal for a regulation 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
Amendment 572 #
Proposal for a regulation Article 6 a (new) Amendment 573 #
Proposal for a regulation Article 6 b (new) Amendment 574 #
Proposal for a regulation Chapter IV – title IV
Amendment 575 #
Proposal for a regulation Article 7 Amendment 576 #
Proposal for a regulation Article 7 Amendment 577 #
Proposal for a regulation Article 7 Amendment 578 #
Proposal for a regulation 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 and Article 34 (2) 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 and Article 34(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than four weeks from when they are made and an examination of the applications on the merits shall be concluded not later than one year. 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 579 #
Proposal for a regulation 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 without delay notify the Commission, the European Parliament and the Council. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum
Amendment 580 #
Proposal for a regulation 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
Amendment 581 #
Article 7 a Extension of time limits set out in Regulation (EU) XXX/XXX [Eurodac] The time limit of 72 hours for transmitting biometric data set out in Regulation (EU) XXX/XXX [Eurodac Regulation] shall be extended up to 7 days.
Amendment 585 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) submit a take charge request as referred to in Article 29 within
Amendment 586 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) reply to a take charge request as referred to in Article 30 within t
Amendment 587 #
Proposal for a regulation Article 8 – paragraph 1 – point c (c) submit a take back notification as referred to in Article 31 within
Amendment 588 #
Proposal for a regulation Article 8 – paragraph 3 3. Where a Member State is facing a situation of force majeure which renders it impossible to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management], it shall notify the other Member States and the Commission, indicating the precise reasons for such impossibility. In such cases, the requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer facing a situation of force majeure. Where, because of the persistence of the situation of force majeure or for any other reason, the transfer does not take place within
Amendment 589 #
Proposal for a regulation Article 9 Amendment 590 #
Proposal for a regulation Article 9 Amendment 591 #
Proposal for a regulation Article 9 Amendment 592 #
Proposal for a regulation Article 9 Amendment 593 #
Proposal for a regulation 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
Amendment 594 #
Proposal for a regulation 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
Amendment 595 #
Proposal for a regulation Article 9 a (new) Article 9 a EU Crisis Coordinator 1. With a view to supporting the crisis measures established by this Regulation, the Commission shall appoint an EU Crisis Coordinator, who will act as a contact point, in order to coordinate the preparedness and resilience of Member States outside the framework of this Regulation and coordinate crisis measures triggered by this Regulation. 2. The EU Crisis Coordinator shall regularly: (a) coordinate and support communication between the Member States involved in the framework of this Regulation; (b) organise, at regular intervals, meetings between the authorities of Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States for the execution of this Regulation; (c) be updated by the EU Migration Preparedness and Crisis Management Network in the framework of the relevant stages of the Migration Preparedness and Crisis Blueprint; (d) promote among Member States a culture of preparedness, cooperation and resilience in the field of asylum and migration, including their best practices. 3. When this Regulation is in effect, the EU Crisis Coordinator shall: (a) coordinate the role and resource allocation of the relevant EU Agencies in their respective roles in supporting the Member States as determined in this Regulation, in particular as regards: (i) the deployment of EU agencies’ operational and technical support in the Member State concerned immediately after this Regulation comes into effect; (ii) taking stock of reception facilities needs for persons arriving at the external borders, in accordance with standards established in Directive XXX/XXX/EU [Receptions Conditions Directive recast]; (iii) monitoring the implementation of this Regulation and the measures invoked by it, including for its effectiveness and impact on the fundamental rights of persons seeking international protection.
Amendment 596 #
Proposal for a regulation Article 9 b (new) Amendment 597 #
Proposal for a regulation Article 9 c (new) Amendment 598 #
Proposal for a regulation Article 9 d (new) Amendment 599 #
Proposal for a regulation Article 9 e (new) Article 9 e Financial support 1. Funding support shall be provided in accordance with Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund, based on the objective referred to in Article 3(2)(d) of that Regulation. 2. Emergency funding support for the Member State in a situation of crisis may be accorded pursuant Article 31(1)(a) and (b) of Regulation (EU) 2021/1147. 3. Facilities used to implement this Regulation shall be entirely funded from the Union budget. This shall include the construction, running and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast].
Amendment 600 #
Proposal for a regulation Chapter V – title V Granting of prima facie international protection and immediate protection
Amendment 601 #
Proposal for a regulation Chapter V – title V
Amendment 602 #
Proposal for a regulation Chapter V – title V Granting of
Amendment 603 #
Proposal for a regulation Chapter V – title V Granting of
Amendment 604 #
Proposal for a regulation Article 9 a (new) Amendment 605 #
Proposal for a regulation Article 10 Amendment 606 #
Proposal for a regulation Article 10 Amendment 607 #
Amendment 608 #
Proposal for a regulation Article 10 Amendment 609 #
Proposal for a regulation Article 10 Amendment 610 #
Proposal for a regulation Article 10 – title Amendment 611 #
Proposal for a regulation Article 10 – title 10
Amendment 612 #
Proposal for a regulation Article 10 – title Granting of
Amendment 614 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 615 #
Proposal for a regulation Article 10 – paragraph 1 1. In a
Amendment 616 #
Proposal for a regulation Article 10 – paragraph 1 1. In a
Amendment 617 #
Proposal for a regulation 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
Amendment 618 #
Proposal for a regulation 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
Amendment 619 #
Proposal for a regulation 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 status to the persons concerned, unless they represent a danger to the national security or public order of the Member State, which may also revoke immediate protection in other justified cases, where return is considered viable. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State.
Amendment 620 #
Proposal for a regulation Article 10 – paragraph 1 1. In a crisis situation as referred to in
Amendment 621 #
Proposal for a regulation Article 10 – paragraph 1 – point a (new) (a) persons who have fled areas of armed conflict or endemic or indiscriminate violence;
Amendment 622 #
Proposal for a regulation Article 10 – paragraph 1 – point b (new) (b) persons who are at serious risk of, or who have been the victims of, systematic or generalised violations of their human rights;
Amendment 623 #
Proposal for a regulation Article 10 – paragraph 1 – point c (new) (c) persons fleeing an environmental disaster that resulted in a substantial disruption of living conditions; or
Amendment 624 #
Proposal for a regulation Article 10 – paragraph 1 – point d (new) (d) rejected applicants who are unable to return safely and for whom no other durable solution is available.
Amendment 625 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 626 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 627 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 628 #
Proposal for a regulation Article 10 – paragraph 2 2.
Amendment 629 #
Proposal for a regulation Article 10 – paragraph 2 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]
Amendment 630 #
Proposal for a regulation Article 10 – paragraph 2 2. Member States shall ensure that
Amendment 631 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 632 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 633 #
Proposal for a regulation Article 10 – paragraph 3 3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 a
Amendment 634 #
Proposal for a regulation Article 10 – paragraph 3 3.
Amendment 635 #
Proposal for a regulation 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 636 #
Proposal for a regulation Article 10 – paragraph 4 Amendment 637 #
Proposal for a regulation Article 10 – paragraph 4 Amendment 638 #
Proposal for a regulation Article 10 – paragraph 4 – introductory part 4. The Co
Amendment 639 #
Proposal for a regulation Article 10 – paragraph 4 – introductory part 4. The Co
Amendment 640 #
Proposal for a regulation Article 10 – paragraph 4 – point a (a) establish that there is a
Amendment 641 #
Proposal for a regulation Article 10 – paragraph 4 – point a (a) establish
Amendment 642 #
Proposal for a regulation Article 10 – paragraph 4 – point b (b)
Amendment 643 #
Proposal for a regulation Article 10 – paragraph 4 – point b (b) establish that there is a need to suspend the examination of applications for international protection, while fully respecting that declaring the existence of such need is not a prerequisite for Member States to suspend the examination of applications;
Amendment 644 #
Proposal for a regulation Article 10 – paragraph 4 – point c Amendment 645 #
Proposal for a regulation Article 10 – paragraph 4 – point c Amendment 646 #
Proposal for a regulation Article 10 – paragraph 4 – point c (c) define the specific
Amendment 647 #
Proposal for a regulation Article 10 – paragraph 4 – point d Amendment 648 #
Proposal for a regulation Article 10 – paragraph 4 – point d Amendment 649 #
Proposal for a regulation 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
Amendment 650 #
Proposal for a regulation Article 10 – paragraph 4 a (new) 4a. The establishment, implementation and termination of immediate protection status shall be the subject of regular consultations with the European Parliament, the Office of the United Nations High Commissioner for Refugees (UNHCR) and other relevant international organisations.
Amendment 651 #
Proposal for a regulation Article 10 – paragraph 4 a (new) Amendment 652 #
Proposal for a regulation Article 10 – paragraph 4 b (new) 4b. When an EU agency, according to Articles 9c and 9d, is responsible for the examination of applications for international protection, it will prioritise for relocation those applications likely to be well-founded pursuant to Article 2.
Amendment 653 #
Proposal for a regulation Article 10 – paragraph 4 b (new) 4b. The Member States shall provide persons granted immediate protection with a document, in a language they understand, in which the provisions relating to immediate protection and which are relevant to them are clearly set out.
Amendment 654 #
Proposal for a regulation Article 10 – paragraph 4 c (new) 4c. The decision establishing the groups to whom the accelerated and simplified procedures should apply according to paragraph 4, points (a) and (b) of this Article, shall be reviewed every three months and, where the situation for these persons has changed, a revised implementing act may be adopted. The review shall be based on updated country of origin information, or updated information on the relevant specific groups. Consultations with relevant non- governmental organisations shall also take place ahead of this decision.
Amendment 655 #
Proposal for a regulation Article 10 – paragraph 4 c (new) 4c. Member States may extend immediate protection as provided for in this Regulation to additional categories of displaced persons over and above those to whom the Commission provided for in Article 10(1), where they are displaced for the same reasons and from the same country or region of origin, or habitual place of residence.
Amendment 656 #
Proposal for a regulation Article 10 – paragraph 4 d (new) 4d. Persons granted immediate protection shall be permitted to lodge an application for asylum at any time. The examination of any asylum application not processed before the end of the period of immediate protection shall be completed immediately after the end of that period.
Amendment 657 #
Proposal for a regulation Article 10 – paragraph 4 e (new) 4e. A negative decision on an application for international protection shall be without prejudice to the enjoyment of immediate protection for the remainder of the period of protection determined.
Amendment 658 #
Proposal for a regulation Article 10 – paragraph 4 f (new) Amendment 659 #
Proposal for a regulation Article 10 a (new) Article 10 a Granting of prima facie international protection status 1. In a situation of emergency as referred in Article 1 of this Regulation, Member States shall grant prima facie international protection to applicants from a specific country of origin or, in the case of stateless asylum-seekers, their country of former habitual residence, or specific groups of applicants, on the basis of readily apparent, objective circumstances in the country of origin or their country of former habitual residence. A prima facie approach acknowledges that those fleeing these circumstances are at risk of harm that make them qualify to benefit from international protection under Regulation (EU) XXX/XXX [Qualification Regulation]. 2. Member States shall ensure that persons granted prima facie international protection benefit from refugee status and have access to all the rights set out in Regulation (EU) XXX/XXX [Qualification Regulation]. 3. Applicants that have been denied the granting of a prima facie international protection status shall have the right to effective remedy before a court or tribunal. 4. The decision to apply prima facie international protection procedure to a particular group of applicants shall be taken by the Commission, by means of a delegated act, and be reviewed regularly to see if other groups shall be added to the list based on updated country of origin information or on relevant specific groups and consultation with the UNHCR and the European Parliament. 5. A decision to end the situation of emergency shall not affect applicants in an ongoing procedure nor persons who have been granted such a status.
Amendment 660 #
Proposal for a regulation Article 10 a (new) Article 10 a Abolition of international protection status The Member States should draw up a list, including: 1. lifting international protection regimes; 2. refugees having criminal violations records.
Amendment 661 #
Proposal for a regulation Article 10 b (new) Article 10 b Monitoring of the implementation of this regulation and fundamental rights 1. The Commission shall monitor the implementation of this Regulation through quarterly reports on persons being transferred to the different Member States and on the numbers of persons being granted prima facie international protection. This data shall be disaggregated by age, nationality, gender. In the event of delays in the implementation of relocation obligations, the Commission shall invite the Member States to fulfil their obligations within a period of less than 3 months. 2. On the basis of the annual Commission's yearly report on the implementation of EU asylum acquis to be provided under Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] as well as reports of the Asylum Agency, the European Union Agency for Fundamental Rights, the Council of Europe, UNHCR and other relevant stakeholders, the European Commission shall initiate infringement procedures in the event of repeated failure to comply with their relocation obligations under this Regulation or significant deficiencies are found in the management of procedures for examining asylum applications or reception measures of third country nationals or stateless persons who have been transferred. 3. All border management activities in Member States territories during emergency situations, whether performed by national authorities or relevant EU agencies, as well as any such activities performed by national authorities outside its territories and measures taken by Member States in emergency situations in asylum shall be monitored under the independent monitoring mechanism set up in Article 7 of the Regulation (EU) XXX/XXX [Screening Regulation].
Amendment 662 #
Proposal for a regulation Chapter V a (new) Va Monitoring and duration of a situation of crisis
Amendment 663 #
Proposal for a regulation Article 10 a (new) Article 10 a Monitoring the implementation of crisis measures 1. The Commission, in coordination with the EU Crisis Coordinator, shall be responsible for regularly monitoring the implementation of this Regulation, including the following aspects: (a) the access that all competent actors have to facilities used in the context of the measures triggered by this Regulation; (b) reception conditions and specific requirements for the crisis asylum management procedure and the crisis return management procedure; (c) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy; (d) the quality of decision-making in the crisis asylum management procedure and the crisis return management procedure. 2. The Commission shall alert a Member State where the capacity of a location it has notified pursuant to Article 41(14) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] is temporarily insufficient for the purposes of processing applicants.
Amendment 664 #
Proposal for a regulation Article 10 b (new) Amendment 665 #
Proposal for a regulation Article 10 c (new) Article 10 c End of a situation of crisis 1. The Commission, in line with its obligations under Article 10a(1), shall keep the situation of crisis under constant monitoring and review as regards the necessity and proportionality of the crisis measures triggered by this Regulation. 2. The situation of crisis that triggers the application of measures laid down in this Regulation shall remain in place until the Commission determines that the situation of crisis in a Member State has ended. In doing so, the Commission shall adopt an implementing actin accordance with Article 11. It shall base its decision on the same criteria as listed in Article 1b(3b). 3. The Council may make a reasoned request to the Commission to determine that a situation of crisis in a Member State has ended.
Amendment 666 #
Proposal for a regulation Article 10 a (new) Article 10a Measures to ensure respect for solidarity requirements 1. Where a Member State does not comply with the solidarity requirements under this Regulation, thereby violating the principles enshrined in Article 80 of the Treaty on the Functioning of the European Union, the Commission may adopt one or more of the following appropriate measures. The procedure referred to in Article 6 of Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget shall apply mutatis mutandis: (a) where the Commission implements the Union budget in direct or indirect management pursuant to points (a) and (c) of Article 62(1) of the Financial Regulation, and where a government entity is the recipient: (i) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article 131(3) of the Financial Regulation; (ii) a prohibition on entering into new legal commitments; (iii) a suspension of disbursement of instalments in full or in part or a early repayment of loans guaranteed by the Union budget; (iv) a suspension or reduction of the economic advantage under an instrument guaranteed by the Union budget; (v) a prohibition to enter into new agreements on loans or other instruments guaranteed by the Union budget; (b) where the Commission implements the Union budget under shared management with Member States pursuant to point (b) of Article 62(1) of the Financial Regulation: (i) a suspension of the approval of one or more programmes or an amendment thereof; (ii) a suspension of commitments; (iii) a reduction of commitments, including through financial corrections or transfers to other spending programmes; (iv) a reduction of pre-financing; (v) an interruption of payment deadlines; (vi) a suspension of payments.
Amendment 667 #
Proposal for a regulation Article 11 A
Amendment 668 #
Proposal for a regulation Article 11 – title Adoption of
Amendment 670 #
Proposal for a regulation Article 11 – paragraph 1 Amendment 671 #
Proposal for a regulation Article 11 – paragraph 1 Amendment 672 #
Proposal for a regulation Article 11 – paragraph 1 1. The Co
Amendment 673 #
Proposal for a regulation 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
Amendment 674 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall adopt
Amendment 675 #
Proposal for a regulation 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
Amendment 676 #
Proposal for a regulation 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
Amendment 677 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 678 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 679 #
Proposal for a regulation Article 11 – paragraph 2 2. On duly justified imperative grounds of urgency, due to
Amendment 680 #
Proposal for a regulation 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 Co
Amendment 681 #
Proposal for a regulation 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
Amendment 682 #
Proposal for a regulation 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,
Amendment 683 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. Any decision made by the Council should always fully respect the decision of the European Council determining the situation of crisis and the exact range of measures set out by the European Council to be applied in such situation.
Amendment 684 #
Amendment 685 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 686 #
Proposal for a regulation Article 11 – paragraph 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.
Amendment 688 #
Proposal for a regulation Article 11 – paragraph 3 3. The
Amendment 689 #
Proposal for a regulation Article 11 a (new) Article 11 a Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 2b and 11a shall be conferred on the Commission for a period of five years from [date of entry into force of the Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Articles 2d and 11a may be revoked at anytime by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 2d, Article 10a(6) and Article 10b shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two weeks] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.
Amendment 690 #
Proposal for a regulation Article 12 Amendment 691 #
Proposal for a regulation Article 12 Amendment 693 #
Proposal for a regulation Article 12 – paragraph 1 1.
Amendment 694 #
Proposal for a regulation Article 12 – paragraph 1 1. For the implementing act referred to in Article
Amendment 695 #
Proposal for a regulation Article 12 – paragraph 2 2.
Amendment 696 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 697 #
Proposal for a regulation Article 12 a (new) Amendment 698 #
Proposal for a regulation Article 12 b (new) Amendment 699 #
Proposal for a regulation Article 14 Amendment 700 #
Proposal for a regulation Article 14 Amendment 82 #
Draft legislative resolution Paragraph 1 1.
Amendment 83 #
Draft legislative resolution Paragraph 1 1.
Amendment 84 #
Draft legislative resolution Paragraph 1 1.
Amendment 85 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of
Amendment 86 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis
Amendment 87 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing a situation
Amendment 88 #
Proposal for a regulation Recital 1 Amendment 89 #
(1) The Union, in constituting an area of freedom, security and justice, should ensure, where possible, the absence of internal border controls for persons and frame a common policy on asylum,
Amendment 90 #
Proposal for a regulation 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
Amendment 91 #
Proposal for a regulation 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
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
Amendment 93 #
Proposal for a regulation 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 the fair sharing of responsibility and solidarity between Member States, which is also fair towards third-country nationals.
Amendment 94 #
Proposal for a regulation 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,
Amendment 95 #
Proposal for a regulation Recital 1 (1)
Amendment 96 #
Proposal for a regulation 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 shared responsibility between Member States, which is fair towards third- country nationals.
Amendment 97 #
Proposal for a regulation Recital 1 a (new) (1a) An effective implementation of the EU asylum acquis in full respect of the fundamental rights of applicants and a fair sharing of responsibility are essential elements of a well-functioning system of Union asylum. In situations of emergency, a Member State should not derogate from the EU asylum acquis, but be supported by other Member States through a mandatory relocation mechanism.
Amendment 98 #
Proposal for a regulation Recital 1 a (new) (1a) The European Union should ensure that there are internal border controls for persons and strengthen the external borders while respecting the sovereignty of the Member States.
Amendment 99 #
Proposal for a regulation Recital 2 (2)
source: 704.693
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2021-03-03Show (2) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
2021-02-24Show (2) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
2021-02-17Show (2) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
2021-02-16Show (7) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| docs/0 |
|
| docs/0 |
|
| docs/1 |
|
| procedure/Legislative priorities |
|
| procedure/title |
Old
Addressing situations of crisis and force majeure in the field of migration and asylumNew
Crisis and force majeure Regulation |
2020-12-09Show (3) Changes | Timetravel
| commission |
|
| committees/0 |
|
| committees/0 |
|
2020-11-19Show (3) Changes | Timetravel
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2020-11-11Show (2) Changes | Timetravel
| committees/0/rapporteur/0/date |
Old
2020-10-09T00:00:00New
2020-11-09T00:00:00 |
| committees/2/opinion |
False
|
2020-11-03Show (1) Changes | Timetravel
| committees/1/opinion |
False
|
2020-11-01Show (2) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
2020-10-13Show (1) Changes
| events/0/summary |
|