BETA

9 Amendments of Laura FERRARA related to 2020/0277(COD)

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 and GDP, GDP and unemployment rate of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
2022/01/28
Committee: LIBE
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 (d)s (b) and (d), Article 46, Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.
2022/01/28
Committee: LIBE
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).
2022/01/28
Committee: LIBE
Amendment 531 #
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, 75% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation];deleted
2022/01/28
Committee: LIBE
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 eightfour weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.
2022/01/28
Committee: LIBE
Amendment 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 eightfour weeks;
2022/01/28
Committee: LIBE
Amendment 555 #
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 manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive.deleted
2022/01/28
Committee: LIBE
Amendment 592 #
Proposal for a regulation
Article 9
Extension of the timeframes for solidarity 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 maximum period of six months. 2. Where a Member State is no longer facing a situation of force majeure, that Member State shall immediately notify the Commission and the other Member States of the cessation of the situation. After such notification, the extended timeframe set out in paragraph 1 shall cease to apply.Article 9 deleted measures
2022/01/28
Committee: LIBE
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.
2022/01/28
Committee: LIBE