[ParlTrack]

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing a situations of ~~crisis and force majeure~~emergency in the field of ~~migration and~~ asylum (Text with EEA relevance)

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 2

(2) To this end, a comprehensive approach is required with the objective of ~~build~~reinforcing mutual trust between Member States, ensuring the fair sharing of responsibility and the full respect of the rights of asylum-seekers, refugees and migrants.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 dependsset out a common framework for the actions of the Union and Member States in the field onf a~~ll components being jointly addressed and~~ sylum, by upholding an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happend elaborating on the principle of solidarity and fair sharing of responsibility, in particular the triggering of a mandatory and automatic relocation mechanism.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 or force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

(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~~n emergency in the field of asylum. 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 procedure~~procedures, including the granting of prima facie international protection and, if applicable, immediate protection status, so that the Member States and the Union have the necessary tools at their disposal ~~including sufficient time to carry out those procedure~~to address the emergency and guarantee continued access to asylum for applicants.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 6

(6) A ~~mass influx of pers~~n exceptional situations c~~rossing the border irregularly and~~haracterised by the sudden arrival of a large number of third-country nationals or stateless persons within a short period of time may lead to a situation of ~~crisis~~emergency 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 forA situation of emergency is not only based on numerical parameters. Such a situation may lead to wide-ranging humanitarian, social, or economic consequences, with adverse and severe effects on the rights and interests of the persons arriving or on other persons with pending applications for international protection. A situation of emergency is of such nature that it renders the Member States’ asylum, reception, integrnational or child-protection ~~of such third-country nationals~~systems non-functional, with potential effects on other Member States and the Union as a whole. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such a situations and avoid serious consequences for the functioning of the Common European Asylum System.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the solidarity mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessary.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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].

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 by extending the personal scope of the solidarity measures provided for in that Regulation and setting shorter deadlines.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 9

(9) The adoption of measures in respect of a particular Member State should be without prejudice to the possibility for the Council to adopt provisional measures on a proposal from the Commission pursuant to Article 78(3) of the Treaty on the Functioning of the European Union in the event of an emergency situation in a Member State characterised by a sudden inflow of third- country nationals.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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, t~~For the purpose of providing better access to asylum and services for applicants and beneficiaries of international protection or other forms of protection if applicable, and in order to swiftly alleviate the pressure faced by a Member State and respond effectively to a situation of emergency, relocation should be facilitated. The scope of relocation should include all categories of applicants for international protection, including persons granted immediate protection, ~~as well as beneficiaries of~~persons granted prima facie international protection, and i~~rregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally stay~~n case requested and only following theird-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] written consent, other beneficiaries of international protection.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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~~relocation in a situation of emergency.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 12

(12) In the interest of a well- functioning Common European Asylum System, a 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 procedureemergency should allow the Member State concerned to trigger a set of measures in order to overcome challenges encountered in the asylum, reception, integration or child- protection systems. Such measures should include a light procedure to more swiftly determine responsibility for asylum claims, a mandatory and automatic relocation mechanism to share responsibility in a fair and swift manner, and the granting of prima facie protection, or in case applicable an immediate protection status. When an applicant is eligible for both prima facie and immediate protection status, the former should prevail.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 13

(13) In order to allow Member States to deal with large numbers of applications for international protection in situations of crisis, a longer time limit should be set for registering the applications for international protection made during such situations of crisis. Such an extension should be without prejudice to the rights of asylum applicants guaranteed by the Charter of Fundamental Rights of the European Union.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 75% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border procedure as provided by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] but could extend the application of the border procedure to nationals who come from third countries where the EU-wide average recognition rate is above 20% but under 75%.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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, as specified in that Regulation.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 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.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 18

(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eight weeks. During that period, it should be possible to keep the illegally staying third-country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 reasoned request, to apply relevant derogatory rules. Such an implementing decision could authorise one or more requesting Member States to derogate from the relevant rules.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 20

(20) The Commission should ~~examine a reasoned request submitted by a M~~assess a situation of ember ~~State~~gency while taking into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management], as well as reports by UNHCR, IOM, and other relevant stakeholders, and information from Union Agencies. If an assessment of pressure on the asylum and reception system has taken place under Regulation (EU) XXX/XXX [Asylum and Migration Management] and a risk of pressure has been established, the Commission should take the assessment into account and needs to consult only those sources necessary to update the existing information. To ensure transparency, accountability, and access to available information, the European Parliament should be invited to participate in the ‘Network’ as referred to in the Mitigation Preparedness and Crisis Blueprint. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protection.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 four weeks, which should be renewable upon a new reasoned request submitted by the Member State concerned. The total period of application should nonetheless not exceed twelve weeks.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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].

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 22 h (new)

(22h) In order to ensure that procedures are efficient and allow applicants to receive a prompt decision on their application for international protection in a situation of emergency, applications for which the ground for granting international protection such as race, religion, nationality, political opinion or membership of a particular social group is apparent should be prioritised by granting these applicants prima facie international protection. Granting prima facie international protection is necessary in particular since, in a situation of emergency, individual status determination is often impractical, impossible or unnecessary.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 23

(23) In a ~~crisis~~ situation of emergency, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latest from its suspensiongrant an immediate protection status to applicants who are not eligible for prima facie international protection and who are fleeing areas of armed conflict or endemic or indiscriminate violence, who are at serious risk of, or who have been victims of systematic or generalised violations of their human rights, who are fleeing an environmental disaster that resulted in a substantial disruption of living conditions, or to rejected applicants who are unable to return safely and for whom no other durable solutions are available.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 24

(24) Persons granted immediate protection with a pending application should continue to be considered as applicants for international ~~protection, in view of their pending application for international~~ protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management], and their status should be without prejudice to recognition of refugee status under the Geneva Convention in the relevant Member State.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 25

(25) Member States should ~~ensure tha~~grant beneficiaries of immediate protection status ~~have~~ effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable and equivalent to those enjoyed by beneficiaries of subsidiary protection.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 26

(26) In order to carry out a proper assessment of applications for international protection submitted by beneficiaries of immediate protection, the asylum procedures should resume at the latest after one year from the suspension of such procedures.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 ~~crisis~~a situations of emergency to displaced persons from third countries or stateless persons who are unable to return to their country of origin, ~~and provides for specific rules for solidarity for such persons,~~ Directive 2001/55/EC should be repealed. _________________ 25 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12.)

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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], under strict conditions. In these cases, applications for international protection should be registered by that Member State at the latest four weeks from when they are made.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 30

(30) In such situations of force majeure, the Member State concerned should notify the Commission and, where applicable, the other Member States, of its intention to apply the respective derogations from those time limits, as well as the precise reasons for their intended application, as well as the period of time during which they will be applied.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 32

(32) Where a Member State is no longer facing a situation of force majeure, it should, as soon as possible, notify the Commission, and where applicable, the other Member States, of the cessation of the situation. The time limits derogating from Regulation (EU) XXX/XXX [Asylum and Migration Management] should not be applied to new applications for international protection made or for third- country nationals or stateless persons found to be illegally staying after the date of that notification. Upon such notification, the time limits laid down in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should start to apply.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 33

(33) ~~To support~~Where a Member State~~s who undertake relocation as a solidarity measure, financial~~ in a situation of emergency is in need of financial, technical and capacity support in the field of asylum and reception, adequate support should be provided immediately to the Member State concerned, as well as to its national, regional, and local authorities, by the relevant EU Agencies acting within their respective mandates and available EU emergency funding should be used to its full potential. Any such support fpro~~m the EU budget should be provided~~vided pursuant to this Regulation shall be complementary and additional to existing EU support, including support by EU Agencies and through EU funding.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 34

(34) In order to ~~ensure uniform conditions for the implementation of this Regulation, implementing powers~~allow for the necessary adaptation of the rules on asylum procedures as well as those on solidarity, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be ~~conferr~~delegated ton the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . _________________ 26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying in respect of the establishment of the decision on a situation of emergency, including when the situation begins and ends, relocation contributions in a situation of emergency, establishment or amendment of the solidarity pool, and definition of categories eligible for prima facie international protection and immediate protection status. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the ~~rules and general principles concerning mechanisms for control by the Member States of the~~Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission’s exper~~cise of implementing powers, (OJ L 55, 28.2~~t groups dealing with the preparation of delegated acts. _________________ 1a Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, (OJ L 123, 12.5.20116, p. 13).

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 35

(35) The examination procedure should be used for the adoption of solidarity measures in situations of crisis for authorising the application of derogatory procedural rules, and for triggering the granting of immediate protection status.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 36

(36) The Commission should adopt immediately applicable ~~implementing~~delegated acts in duly justified imperative grounds of urgency due to ~~the~~a situation of ~~crisis~~emergency present in the Member States concerned.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Recital 37

(37) This Regulation respects the fundamental rights ~~and observes the principles recognised by~~guaranteed under EU and international law, including the Charter of Fundamental Rights of the European Union~~, i~~. In particular, this Regulation seeks to ensure full observance of respect for human dignity, the right to life, 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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 1 – title

1 SAim and subject matter

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation addresses a situations of ~~crisis and force majeure~~emergency in the field of ~~migration and~~ asylum within the Union and provides for specific ~~rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and (EU) XXX/XXX [Asylum Procedures Regulation] and in Directive XXX [recast Return Directive]~~temporary rules.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 1 – paragraph 2 – introductory part

2. ~~For the purpos~~The measures ofin this Regulation~~, a situation of crisis is to be understood as:~~ shall be applied only to the extent strictly required by the exigencies of the situation, in a temporary and limited manner and only in exceptional circumstances.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 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], ordeleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 1 – paragraph 2 – point b

~~(b) an imminent risk of such a situation.~~deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 1 a (new)

Article 1 a Definitions For the purposes of this Regulation, the following definitions apply: (a) ‘a situation of emergency’ means an exceptional situation characterised by a sudden arrival of third-country nationals or stateless persons on such a scale, in proportion to the population, GDP, and reception capacity of the Member State concerned, and of such an impact, that it gives rise to wide-ranging and severe humanitarian, social, or economic consequences in one or more Member States. The situation of emergency is of such nature that it renders the Member State’s asylum, reception, integration, or child-protection systems non-functional, and makes the functioning of the Common European Asylum System impossible. (b) ‘prima facie international protection’ means the recognition by a Member State of refugee status in accordance with Regulation (EU) XXX/XXX [Qualification Regulation] on the basis of readily apparent, objective circumstances in the country of origin or former habitual residence, or a specific part of it, or with regard to a specific group of applicants. Holders of prima facie protection status shall be considered as persons in a vulnerable situation; (c) ‘immediate protection’ means a procedure of exceptional character to provide, in the event of a situation of emergency as referred to in [subparagraph (a)] of this Article, immediate and temporary protection to applicants for international protection who are not eligible for prima facie international protection and are facing a high degree of risk, particularly those who are fleeing areas of armed conflict or endemic or indiscriminate violence, applicants who are at serious risk of, or who have been victims of systematic or generalised violations of their human rights, or applicants who are fleeing an environmental disaster that resulted in a substantial disruption of living conditions, or to rejected applicants who are unable to safely return to their country of origin or former habitual residence.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Chapter II – title

II ~~Solidarity mechanism~~Governance Mechanism in a Situation of Emergency

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 2

Solidarity in situations of crisis 1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs. 2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one] month. 3. By way of derogation from Articles 51(1), 52(3) and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadlines set in those provisions shall be shortened to one week. 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. 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). 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), points (a) and (b) of that Regulation. 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 four months.Article 2 deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 in any of the following cases: (a) the Member State has submitted a reasoned detailed request to the Commission that it considers itself to be in a situation of emergency, laying out the humanitarian, social or economic consequences it faces, and a description of how the asylum, reception, integration or child-protection systems are non- functional; (b) on the basis of available information from EU agencies, international organisations, and other relevant stakeholders, the Commission considers that the Member State may be in a situation of emergency; or (c) on the basis of available information from EU agencies, international organisations, and other relevant stakeholders, the European Parliament or the Council considers that the Member State is in a situation of emergency. 2. If an assessment of pressure on the asylum and reception system has taken place in the previous month under Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] and a risk of pressure has been established, the Commission shall take the assessment into account and needs to consult only those sources necessary to update the existing information. 3. When assessing whether a Member State is in a situation of emergency, the Commission, in cooperation with the Member State concerned, shall consult the Asylum Agency, the European Border and Coast Guard Agency, and the Fundamental Rights Agency, as well as International Organisations, in particular, UNHCR and IOM, and relevant independent stakeholders including civil society organisations working on the ground. The Commission shall also take into account the information gathered pursuant to the Migration Preparedness and Crisis Blueprint and the Asylum Situation Report referred to in Article 6(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management]. 4. The Commission shall immediately notify the European Parliament, the Council and the Member States that it is undertaking such an assessment. 5. An assessment of a situation of emergency as referred to in paragraph 1 shall cover the current situation in the Member State concerned based on the most recent information available, compared to the overall situation in the Union, and shall take into account, in particular, the following elements: (a) the asylum, reception, child- protection, or integration capacity of the Member State concerned, including gaps therein, and the consequent needs; (b) the total number of applications for international protection by stateless persons and third country nationals and the nationality of the applicants; (c) the number and nationality of third- country nationals and stateless persons disembarked following search and rescue operations, including the number of applications for international protection; (d) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border who subsequently lodge an asylum claim; (e) the number of applicants in a vulnerable situation, including unaccompanied children, and the nature of their special procedural, reception, and medical needs; (f) the material, operational, human resource, and financial capacities, including gaps therein, and the consequent needs; (g) the number of incoming and outgoing take charge requests in accordance with Regulation EU (XXX/XXX) [Asylum and Migration Management]; (h) the number of transfers carried out; (i) the support provided through Union Agencies and the Union budget to the Member State concerned. 6. When assessing a situation of emergency, the Commission shall take into account all the Union sources and reports available, as well quarterly bulletins on migration, and other reports, of the European Union Agency of Fundamental Rights and the information and data from international organisations, civil society organisations, and independent bodies.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 2 b (new)

Article 2 b Decision on a situation of emergency 1.The Commission shall adopt a decision on a situation of emergency following the request of an assessment carried out pursuant to Article 2a, no later than two weeks after the notification referred to in Article 2a(4), and shall submit it to the European Parliament and the Council. 2. In its decision, the Commission shall indicate whether the Member State concerned is in a situation of emergency as defined in Article 1a (1) (a) of this Regulation. 3. Where the Commission concludes that the Member State concerned is in a situation of emergency, the decision shall identify: (a) the asylum, reception, integration and child-protection capacity of the Member State concerned, as well as its overall operational, material, and human resource needs in managing its asylum caseload; and (b) immediate measures that the Member State concerned shall take to respond to the situation of emergency. 4. Where applicable, the decision shall: (a) set out the total number and the categories of applicants and beneficiaries of international protection, including beneficiaries of prima facie international protection, to be relocated in accordance with Article 3d, as well as the share of relocations for each Member State calculated in accordance to the reference key set out in Article 3c; (b) define the specific country of origin or formal habitual residence, or the specific group of applicants in respect of the persons to whom prima facie international protection will apply to; (c) set out the time period during which immediate protection shall be granted, for a minimum of 6 months and a maximum of one year, and define the specific country of origin or former habitual residence or the specific groups of applicants in respect of the persons for whom immediate protection will apply. 5. The Commission shall adopt the decision on a situation of emergency by means of a delegated act in accordance with Article 12a, 12b and 12c. In exercising its powers to adopt delegated acts, the Commission shall consult the Asylum Agency and the Relocation Coordinator.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 2 c (new)

Article 2 c Emergency Response Plan 1. Within one month of the adoption of a decision on a situation of emergency pursuant to Article 2b(1), the Member State, after consulting the EU Asylum Agency and the EU Relocation Coordinator, shall submit an emergency plan to the Commission, Parliament, and the Council. The plan shall include a detailed analysis of measures needed to respond to and resolve the situation of emergency, and foster future resilience in the Member State concerned, including: (a) measures to overcome challenges in the functioning of the asylum, reception, child-protection, and integration systems and to address shortcomings in its ability to fulfil its obligations in compliance with EU and international law; (b) measures to protect the rights of applicants for and beneficiaries of international protection and other forms of protection, including through an effective monitoring mechanism, and the involvement of the Fundamental Rights Agency and fundamental rights officers within the Union Agencies; (c) where applicable, a request for additional solidarity support through relocation; (d) where applicable, a request for emergency EU funds to implement the necessary measures; (e) where applicable, a request for emergency operational support through existing EU instruments.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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].

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Chapter III – title

III ~~Asylum and return procedures~~Responsibility-sharing and solidarity mechanism in a situation of ~~crisis~~emergency

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 3

~~[...]~~deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 3 a (new)

Article 3 a Allocation of responsibility for ongoing asylum applications through an automatic light procedure in a situation of emergency 1. In a situation of emergency as referred to in Article 1a (1) (a), and following the decision on an emergency situation by the Commission in accordance with Article 2b, the Member State concerned shall inform the applicant of the procedure for determining responsibility for his or her claim in accordance with Article 11 of Regulation (EU) XXX/XXX [Asylum and Migration Management] and shall carry out a personal interview in accordance with Article 12 of Regulation (EU) XXX/XXX [Asylum and Migration Management]. 2. The Member State concerned shall swiftly determine a Member State of allocation where there are, prima facie, sufficient indicators showing that an applicant has meaningful links in accordance with any of the criteria in Regulation (EU) XXX/XXX [Asylum and Migration Management] with a particular Member State other than the determining Member State. 3. In establishing whether there are sufficient indicators showing that the applicant has meaningful links to a particular Member State, the Member State concerned shall base its determination on the evidence and other information provided by the applicant and shall consult relevant Union databases. The Member State concerned shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State of allocation unless the evidence and information provided can be verified by that Member State. If the information provided by the applicant, or gathered through the relevant Union databases, does not give rise to manifest reasons to doubt that the criteria in Regulation (EU) XXX/XXX [Asylum and Migration Management] apply for a particular Member State, the Member State concerned shall conclude that, prima facie, there are sufficient indicators showing that the links in question meet the requirements of paragraph 1 of this Article. The competent authorities of the Member State where the applicant could have a link shall assist the competent authorities of the determining Member State with answering any questions aiming to clarify whether the alleged links are correct. 4. If the Member State concerned considers, pursuant to paragraphs 1 and 2, that a particular Member State is likely, prima facie, to be the Member State of allocation in accordance with the criteria set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State concerned shall notify the Member State of allocation and the applicant shall be transferred to that Member State. 5. The determining Member State shall transfer all the information provided by the applicant to the Member State of allocation using the 'DubliNet' electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. 6. The Member State of allocation shall, in accordance with the procedure referred to in paragraph 3, determine whether the conditions in Regulation (EU) XXX/XXX [Asylum and Migration Management] are met. If so, the Member State of allocation shall become the Member State responsible. 7. If it is subsequently determined that the applicant has no genuine links with a particular Member State, the Member State of allocation shall ensure that the applicant is relocated to another Member State responsible in accordance with the procedure laid down in Article 3b.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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).

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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’.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 4

Asylum crisis management procedure 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, as regards applications made within the period during which this Article is applied, derogate from Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows: (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]; (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 completion of the procedure for international protection.rticle 4 deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 5

Return crisis management procedure 1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain and are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows: (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 eight weeks; (b) By way of derogation from Article 41a(7) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the period of detention set in that Article shall not exceed the period referred to in point (a); (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. 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, and who have no right to remain and are not allowed to remain after the adoption of that decision.Article 5 deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 6

international protection in situations of 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 four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].Article 6 deleted Registration of applications for crisis

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 7

Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum 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 four weeks from when they are made. 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. 2. Where a Member State referred to in paragraph 1 is no longer facing a situation of force majeure as referred to in that paragraph 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, as soon as possible, notify the Commission of the termination of the situation. After such notification, the extended time limit set out in paragraph 1 shall no longer be applied.Article 7 deleted Procedures Regulation]

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 8

~~[...]~~deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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

Damian BOESELAGER

Proposal for a regulation
Chapter V – title

V Granting of prima facie international protection and immediate protection

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 9 a (new)

Article 9 a Granting prima facie international protection 1. In a situation of emergency as referred to in Article 1a(1)(a) Member States shall grant prima facie international protection in accordance with Regulation (EU) XXX/XXX [Qualification Regulation] in respect of applicants with a specific country of origin or former habitual residence or with regard to specific groups of applicants on the basis of readily apparent, objective circumstances, in particular where the ground for granting international protection of a group of similarly situated persons is apparent such as race, religion, nationality, political opinion or membership of a particular social group; 2. Member States shall ensure that persons granted prima facie international protection benefit from refugee status and have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to recognised refugees. 3. Member States shall provide persons granted prima facie international protection with a document, as well as, if applicable, a certified copy in a language they can understand, certifying their status. 4. Member States shall ensure that persons who have been excluded from prima facie international protection have the right to an effective remedy before a court or tribunal against the exclusion decision in the Member State concerned. 5. The decision to apply prima facie international protection with regard to a particular group of applicants shall be kept under periodic review and remain valid until it is terminated by the Commission by means of a delegated act, after due consideration of updated country of origin or former habitual residence information, or updated information on the relevant specific groups eligible for prima facie international protection, and after consultation with UNHCR and other relevant international organisations. 6. A decision to end the application prima facie international protection shall neither affect the refugee status of those who have been granted prima facie international protection nor the right to apply, if applicable, for asylum or other forms of international protection within individual status determination procedures. 7. In exercising its powers, the Commission shall regularly consult the Office of the United Nations High Commissioner for Refugees (UNHCR), European Parliament and other relevant international organisations.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 10 – title

Granting of immediate protection status

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 10 – paragraph 1

1. In a ~~crisis~~ situation of emergency as referred to in Article 1(2a(1)(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~~the Member States concerned shall grant immediate protection status to applica~~tio~~nts for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State.who are not eligible for prima facie international protection and are facing a high degree of risk, in particular:

2022/01/28
Committee: LIBE

Damian BOESELAGER

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;

2022/01/28
Committee: LIBE

Damian BOESELAGER

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;

2022/01/28
Committee: LIBE

Damian BOESELAGER

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

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 10 – paragraph 3

~~3. Member S~~Such stateus shall ~~resume the 3. examination of the~~be given without prejudice to an individual’s ongoing applications for international protection ~~that have been suspended pursuant to paragraph 1 after a maximum of one year~~and to the recognition of refugee status under the Geneva Convention in the relevant Member State.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 10 – paragraph 4

4. The Commission shall, by means of an implementing decision: (a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3; (b) establish that there is a need to suspend the examination of applications for international protection; (c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1; (d) establish the date from which this Article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection status shall be granted.deleted

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 10 – paragraph 4 f (new)

4f. Member States shall ensure that eligible persons have the right to an effective remedy before a court or tribunal against a decision on their admissibility for immediate protection status by a Member State.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 11 – title

Adoption of ~~implementing~~delegated acts

2022/01/28
Committee: LIBE

Damian BOESELAGER

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 immediate protection status in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to indelegated acts in accordance with Article 12b concerning measures set out in Article 2b following an adoption of the decision on a situation of emergency and a decision to end a situation of emergency in accordance with Article 1~~2(2)~~1 a.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 11 – paragraph 2

2. On duly justified imperative grounds of urgency, due to ~~the~~a situation of ~~crisis~~emergency 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, and triggering the granting of immediate protection status in accordance with Article 10. Those implementing acts shall be adopted in accordance with the procedure referred to ina (1) (a), the procedure provided in Article 12c shall apply to delegated acts adopted pursuant to this Article ~~12(3)~~.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 11 – paragraph 3

3. The ~~implementing~~delegated acts shall remain in force for a period ~~not exceeding one year~~of six months.

2022/01/28
Committee: LIBE

Damian BOESELAGER

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.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 12 – title

12 ~~Committee~~Urgency procedure

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 12 – paragraph 1

1. ~~For the implementing act referred to in Article 3, the Commission shall be assist~~Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed byin a cco~~mmittee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011~~rdance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 12 – paragraph 2

2. ~~Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply~~Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2b(4). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

2022/01/28
Committee: LIBE

Damian BOESELAGER

Proposal for a regulation
Article 12 – paragraph 3

~~3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.~~deleted

2022/01/28
Committee: LIBE

112 Amendments of Damian BOESELAGER related to 2020/0277(COD)

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