BETA


2020/0277(COD) Crisis and force majeure Regulation

Progress: Procedure completed, awaiting publication in Official Journal

RoleCommitteeRapporteurShadows
Lead LIBE LÓPEZ AGUILAR Juan Fernando (icon: S&D S&D) VOZEMBERG-VRIONIDI Elissavet (icon: EPP EPP), AZMANI Malik (icon: Renew Renew), BOESELAGER Damian (icon: Verts/ALE Verts/ALE), SARDONE Silvia (icon: ID ID), BUXADÉ VILLALBA Jorge (icon: ECR ECR)
Committee Opinion AFET
Committee Opinion BUDG
Committee Legal Basis Opinion JURI LAGODINSKY Sergey (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
RoP 40, TFEU 078-p2

Events

2024/05/14
   CSL - Draft final act
Documents
2024/05/14
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/05/14
   CSL - Final act signed
2024/04/10
   EP - Debate in Parliament
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
2024/02/08
   CSL - Coreper letter confirming interinstitutional agreement
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

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
DE IT ES FR RO NL SE PT AT IE BG BE SI HR LU FI LV EL LT MT CY SK EE ?? DK CZ HU PL
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81
59
54
67
21
28
19
16
16
12
11
18
6
12
6
10
6
12
7
3
3
13
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1
14
17
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42
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A9-0127/2023 – Juan Fernando López Aguilar – Request to vote on the amendments to the draft legislative act #

2024/04/10 Outcome: -: 485, +: 128, 0: 5
HU CZ PL MT LV EE SI CY SK LU HR LT IT BG EL FI AT DK IE SE BE NL RO PT FR ES DE
Total
17
20
45
4
7
7
7
5
13
6
6
9
60
14
15
14
18
14
12
21
21
28
18
20
69
55
93
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A9-0127/2023 – Juan Fernando López Aguilar – Provisional agreement – Am 131 #

2024/04/10 Outcome: +: 301, -: 272, 0: 46
ES RO BG PT SE LT AT HR DK MT SI CY LV LU EE BE IE FI EL NL DE IT SK HU CZ FR PL
Total
55
18
14
20
21
9
18
6
14
4
7
5
7
6
7
20
12
14
15
27
92
60
14
18
20
70
46
icon: PPE PPE
152

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2

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1

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1

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94
3

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1

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58

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Denmark Verts/ALE

2

Luxembourg Verts/ALE

Against (1)

1

Belgium Verts/ALE

3

Ireland Verts/ALE

Against (1)

1

Finland Verts/ALE

3

Greece Verts/ALE

Against (1)

1

Netherlands Verts/ALE

3

Italy Verts/ALE

3

Czechia Verts/ALE

3

Poland Verts/ALE

Against (1)

1
AmendmentsDossier
619 2020/0277(COD)
2022/01/28 LIBE 619 amendments...