103 Amendments of Olivier CHASTEL related to 2020/0277(COD)
Amendment 86 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeure in the field of migration and asylum (Text with EEA relevance)
Amendment 96 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity and shared responsibility between Member States, which is fair towards third- country nationals.
Amendment 107 #
Proposal for a regulation
Recital 3
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union hasworks externally to manage migration and has also internally at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and thatin which all the necessary measures are put in place to prevent crisis to happen.
Amendment 116 #
Proposal for a regulation
Recital 4
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.
Amendment 120 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis. It should ensure, in particular, the effective application of the principle preparedness to alleviate pressure on the external borders of the Union in situations of mass influx of persons crossing the border irregularly and put operational cooperation structures in place to prevent that this would overburden the asylum systems of the Member States. In such situations of crisis, Member States shall work together in a spirit of solidarity and fair sharing of responsibility andthrough the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures. This Regulation should be triggered complementary to the Union’s financial, operational and diplomatic efforts responding to any migration or humanitarian crisis in one or more third countries, including by making use of anticipation and early warning tools available under the EU Mechanism for Migration Preparedness [Crisis Blueprint]2a. _________________ 2a Commission Recommendation of 23 September 2020 on an EU Mechanism for Preparedness and Management of Crises related to Migration (C(2020) 6469, 23.9.2020).
Amendment 126 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The measures in this Regulation are based on integrated policy-making in the field of asylum and migration management and take into account the phenomenon of mixed arrivals of persons in need of international protection and those who are not. The measures are put in place in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.
Amendment 129 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The measures in this Regulation are based on a mandatory solidarity between Member States in situations of crisis and intend to enhance the preparedness and resilience of Member States to manage migration and situations of crisis. They aim to facilitate operational coordination and concrete financial, operational and capacity support in situations of crisis in the field of asylum and migration.
Amendment 139 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States in a situation of crisis can request the application of the measures in this Regulation individually or cumulatively. The implementing acts adopted by the Commission pursuant to this Regulation may apply to one or more Member States, if the conditions specified for the application of this Regulation are met individually by each Member State.
Amendment 145 #
Proposal for a regulation
Recital 7
Recital 7
(7) In addition to situFollowing sudden and unforeseen events, even well-prepared asylum, migrations, of crisis, Member Star return systems 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 duoverburdened. As a result, the Member State concerned may need to deviate resources to the task of managing the 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 protectrival of third-country nationals or stateless persons at its borders and require time to reorganise and increase its capacity, including with the support of the EU agencies. Extensions or carrying out the procedures for determining the Member State responsible for examining an application for international protectionf time limits should therefore help the Member States in executing their responsibilities under Union law, including Article 18 of the Charter of Fundamental Rights, providing for more flexibility to deal with the increased workload. 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 necessaryand for the screening procedure should apply in such situations.
Amendment 163 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of relocation should include allor prioritise certain categories of applicants for international protection, including persons granted immediate protection, as well as beneficiaries of international protection and irregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally staying third-country beneficiaries of international protection, persons in the border procedure and persons whose applications for international fprom 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]tection are likely to be well-founded as determined under this Regulation.
Amendment 170 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to ensure that such contributions are in proportion to the share of the contributing Member State, the Commission should be able to increase or decrease such contributions by adopting an implementing act, in accordance with Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 171 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
Amendment 172 #
Proposal for a regulation
Recital 10 c (new)
Recital 10 c (new)
(10c) The solidarity provisions in situations described in this Regulation should be accompanied by immediate measures to ensure humanitarian protection, including first essential services, as well as dignified reception in compliance with the Directive XXX/XXX/EU [Reception Conditions Directive recast ] and adequate access to international protection procedures. For this purpose, existing crisis measures in the field of capacity building and operational support may be activated in such situations, under the coordination EU Mechanism for Migration Preparedness [Crisis Blueprint] and through the emergency support provided within the Union Civil Protection Mechanism (UCPM). Member States in a situation of crisis should further rely on increased efforts of the Union, including through its agencies, to assist in return operations.
Amendment 185 #
Proposal for a regulation
Recital 12
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and contain unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
Amendment 222 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure that Member States have the necessary flexibility when confronted with a large influx of migrants expressing the intention to apply for asylum, and to alleviate the pressure on their asylum systems while guaranteeing the highest standards in processing applications for international protection, the application of the border procedure, established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should be broadened, and an asylum crisis management procedure should allow Member States to take a decision in the framework of a border procedure also on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection Union-wide is 75% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border 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%. To this effect, Member States should continuously ensure use of the most recent data from the European Union Asylum Agency.
Amendment 225 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The purpose of the asylum crisis management procedure is to quickly assess whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular or accelerated procedure and provided quick access to international protection.
Amendment 226 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) Applicants who are identified as being in need of specific procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of a border procedure, an applicant in need of specific procedural guarantees should be exempted from those procedures.
Amendment 229 #
Proposal for a regulation
Recital 15
Recital 15
(15) The screening of third-country nationals according to the rules laid down in Regulation (EU) No XXX/XXX [Screening Regulation] should apply with the possibility to extend the 5-day deadline by another five days, as specified in that Regulation.
Amendment 237 #
Proposal for a regulation
Recital 16
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible in full respect of Directive XXX/XXX/EU [Reception Conditions Directive recast] and in any event the periods of time should only be prolonged by an additional period not exceeding eight weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection.
Amendment 239 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The responsible authorities should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children and applicants with specific vulnerabilities.
Amendment 243 #
Proposal for a regulation
Recital 17
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the return of illegally staying third- country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain and are not allowed to remain, by providing the competent national authorities and EU agencies with the necessary tools and sufficient time- frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third- country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.
Amendment 251 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) When applying the return crisis management procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
Amendment 252 #
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Member States should not hold a person in detention for the sole reason that he or she is an applicant for international protection. They should ensure that the relevant safeguards in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] apply. Member States should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children, and applicants with specific vulnerabilities. Such alternatives should be available both in law and fact at national level.
Amendment 265 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should examine a reasoned request submitted by aone or more Member States 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]. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
Amendment 271 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide Member States with additional time needed to deal with the situation of crisis and at the same time ensure an effective and as quick as possible access to the relevant procedures and rights, the Commission should authorise the application of the asylum crisis management procedure and the return crisis management procedure for a period of six months, which could be extended up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protection.
Amendment 276 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 295 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 305 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 312 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 319 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 328 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 333 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) When a Member State is in a situation of crisis, all efforts should be focused on alleviating the pressure on its asylum and reception systems. For this reason, the Member State concerned will be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. It will also be exempted from its obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 335 #
Proposal for a regulation
Recital 27 b (new)
Recital 27 b (new)
(27b) In order to shorten the duration of application procedures in situations of crisis, Member States should be encouraged, in certain cases, to prioritise the examination of applications from certain applicants by examining it before other, previously made applications, in a simplified manner, in particular with a focus to determine whether the applicant falls within the group of applicants whose application is likely to be well-founded as determined pursuant to this Regulation, and to do so in an expedited timeline.
Amendment 337 #
Proposal for a regulation
Recital 27 c (new)
Recital 27 c (new)
(27c) In well-defined circumstances where an application for international protection is likely to be well-founded, Member States should simplify and accelerate the examination procedure, in particular by introducing shorter time limits for certain procedural steps, without prejudice to an adequate examination being carried out and to the applicant’s effective access to basic principles and guarantees provided for in Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 338 #
Proposal for a regulation
Recital 27 d (new)
Recital 27 d (new)
(27d) In a situation of crisis, the Commission may oblige Member States to trigger accelerated and simplified procedures for processing manifestly well- founded requests for international protection. These procedures should be based on models that have proven to be efficient, flexible and fair for persons seeking international protection.
Amendment 339 #
Proposal for a regulation
Recital 27 e (new)
Recital 27 e (new)
(27e) Applications for international protection that are likely to be well- founded pursuant to this Regulation should automatically be prioritised for relocation in the framework of the solidarity measures provided by other Member States.
Amendment 341 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 347 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 352 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 359 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 364 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 368 #
Proposal for a regulation
Recital 33
Recital 33
(33) To support Member States who undertake relocation as a solidarity measure, financial and capacity support from the EU budget should be provided. In order to provide Member States located at the external border of the Union with solidarity and to guarantee a level-playing field, facilities used for reception of persons seeking international protection, solidarity through relocation, and the broadened border procedure should be entirely funded under Regulation (EU) 2021/1147 of the European Parliament and of the Council.6a That should include the construction, running, and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast]. _________________ 6a Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251,15.7.2021, p.1)
Amendment 373 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Considering that a crisis in the field of asylum and migration at the external borders concerns the Union as a whole, the full spectrum of Union support should be made available to a Member State in a situation of crisis. Such support should entail an increased role for the EU agencies, most notably the European Union Asylum Agency and the European Border and Coast Guard Agency, for which the deployment of their supporting tasks in the Member State facing a crisis may be initiated by the Commission through an implementing act adopted under this Regulation. The EU agencies should prioritise their operational and technical support to the Member State concerned.
Amendment 375 #
Proposal for a regulation
Recital 33 b (new)
Recital 33 b (new)
(33b) When the increased supporting tasks of the EU agencies under this Regulation bear too much of a burden on their budget, this should be accounted for by the Commission in their annual budget revision.
Amendment 376 #
Proposal for a regulation
Recital 33 c (new)
Recital 33 c (new)
Amendment 377 #
Proposal for a regulation
Recital 33 d (new)
Recital 33 d (new)
(33d) When the EU Crisis Coordinator considers that a Member State is not able to provide appropriate reception facilities for persons seeking international protection under Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States should be encouraged to provide support through the Union Civil Protection Mechanism with material resources. The EU Crisis Coordinator may propose to include certain categories of reception and migration management facilities to the rescEU reserve.
Amendment 378 #
Proposal for a regulation
Recital 33 e (new)
Recital 33 e (new)
(33e) The Commission, in coordination with the EU Crisis Coordinator, should be responsible for monitoring continuously whether the measures triggered by this Regulation remain necessary. Those measures should remain applicable until the Commission determines that the situation of crisis in a Member State has ended. To that end, the Commission may be invited to act by the Council.
Amendment 389 #
Proposal for a regulation
Recital 35
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 immedidetermining a necessity for Member States to apply simplified and accelerated protection statucedures.
Amendment 399 #
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for human dignity, the right to life, the principle of the best interest of the child, the prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extradition. The Regulation should be implemented in compliance with the Charter and general principles of Union law as well as international law, including refugee protection, human rights obligation and the prohibition of refoulement.
Amendment 402 #
Proposal for a regulation
Chapter I – title
Chapter I – title
I General and procedural provisions
Amendment 404 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeure in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and, (EU) XXX/XXX [Asylum Procedures Regulation], Regulation (EU) XXX/XXX [Screening Regulation] and in Directive XXX [recast Return Directive]. This Regulation establishes a crisis response mechanism, aiming at alleviating pressure for Member States facing a situation of crisis, while protecting the rights of applicants and beneficiaries of international protection, including their access to relevant procedures and to adequate reception conditions in a situation of crisis.
Amendment 415 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operationsby land or by sea, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders thea demonstrably well-prepared Member State’s asylum, reception or return system non-functional and can have, in particular by that Member State receiving more applications for international protection than what is determined as the minimum crisis capacity for that Member State under this Regulation, leading to serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
Amendment 427 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) an imminent risk of such a situation. which cannot be diminished by external dimension policies within the Union’s asylum and migration framework, including through the EU Migration Preparedness and Crisis Blueprint9a or before entry of the persons referred to in point (a). _________________ 9a Commission Recommendation of 23 September 2020 on an EU Mechanism for Preparedness and Management of Crises related to Migration (C(2020) 6469, 23.9.2020)
Amendment 432 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Annual determination of minimum crisis capacity 1. In order to establish what constitutes a demonstrably well-prepared asylum, reception or return system as referred to in Article 1(2)(a), the Commission shall, by means of an implementing act, establish annually the minimum crisis capacity for the Member States. The Commission shall do so upon adopting the Migration Management Report referred to in Article 6(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management]. 2. In determining the minimum crisis capacity of each Member State, the Commission shall base its assessment on the elements listed in Article 6(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 433 #
Proposal for a regulation
Article 1 b (new)
Article 1 b (new)
Amendment 435 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II Solidarity mechanismand asylum and return procedures in a situation of crisis
Amendment 456 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2).
Amendment 461 #
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
6. By way of derogation from Article 54 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the share calculated in accordance with the formula set out in that Article shall also apply to measures set out in Article 45(2), points (a) and (b) of that Regulation.
Amendment 464 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 479 #
Proposal for a regulation
Chapter III – title
Chapter III – title
III Asylum and return procedures in a situation of crisisdeleted
Amendment 482 #
Proposal for a regulation
Article 3
Article 3
Amendment 516 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] 1. In a situation of crisis, applications made within the period during which this Article is applied shall be registered no later than four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 519 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Extension of time limit for screening procedures 1. By way of derogation from Article 6(3) of Regulation (EU) XXX/XXX [Screening Regulation], the period during which a screening procedure is carried out may be extended by five days.
Amendment 542 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. In applying the asylum crisis management procedure, Member States shall prioritise the examination of applications that are likely to be well- founded, applicants with specific vulnerabilities, including due to their state of health, or applications which are lodged by minors and their family members. The best interest of the child and family life and of the third-country national concerned shall be taken into account throughout the procedure.
Amendment 543 #
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. During the asylum crisis management procedure, the basic principles and guarantees of Chapter II of the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] shall apply to ensure that the rights of those who seek international protection are protected, while maintaining the right to asylum and respect of the principle of non- refoulement. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
Amendment 548 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 31b, 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:
Amendment 562 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Applicants for international protection shall benefit from their rights under Directive XXX/XXX/EU [Reception Conditions Directive recast] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as soon as they make an application, regardless of when the registration takes place.
Amendment 563 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. The Member State in a situation of crisis shall provide for additional and sufficient human and material resources to be able to meet its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast].
Amendment 564 #
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2c. During the return crisis management procedure, the right to asylum and the principle of non- refoulement will always be respected.
Amendment 565 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Exemption to assume responsibility under Regulation (EU) XXX/XXX [Asylum and Migration Management] Where a Member State is in a situation of crisis, it shall be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. In such cases, a requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer in a situation of crisis. Where, because of the persistence of the situation of crisis, the transfer cannot take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
Amendment 566 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5 b Exemption of obligations as regards solidarity measures in a situation of crisis In a situation of crisis, Member States shall be exempted from their obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation.
Amendment 568 #
Proposal for a regulation
Article 6
Article 6
Amendment 574 #
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV Time limits in a situation of force majeureOperational and capacity support
Amendment 576 #
Proposal for a regulation
Article 7
Article 7
Amendment 590 #
Proposal for a regulation
Article 9
Article 9
Amendment 595 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a EU Crisis Coordinator 1. With a view to supporting the crisis measures established by this Regulation, the Commission shall appoint an EU Crisis Coordinator, who will act as a contact point, in order to coordinate the preparedness and resilience of Member States outside the framework of this Regulation and coordinate crisis measures triggered by this Regulation. 2. The EU Crisis Coordinator shall regularly: (a) coordinate and support communication between the Member States involved in the framework of this Regulation; (b) organise, at regular intervals, meetings between the authorities of Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States for the execution of this Regulation; (c) be updated by the EU Migration Preparedness and Crisis Management Network in the framework of the relevant stages of the Migration Preparedness and Crisis Blueprint; (d) promote among Member States a culture of preparedness, cooperation and resilience in the field of asylum and migration, including their best practices. 3. When this Regulation is in effect, the EU Crisis Coordinator shall: (a) coordinate the role and resource allocation of the relevant EU Agencies in their respective roles in supporting the Member States as determined in this Regulation, in particular as regards: (i) the deployment of EU agencies’ operational and technical support in the Member State concerned immediately after this Regulation comes into effect; (ii) taking stock of reception facilities needs for persons arriving at the external borders, in accordance with standards established in Directive XXX/XXX/EU [Receptions Conditions Directive recast]; (iii) monitoring the implementation of this Regulation and the measures invoked by it, including for its effectiveness and impact on the fundamental rights of persons seeking international protection.
Amendment 596 #
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 597 #
Proposal for a regulation
Article 9 c (new)
Article 9 c (new)
Amendment 598 #
Proposal for a regulation
Article 9 d (new)
Article 9 d (new)
Amendment 599 #
Proposal for a regulation
Article 9 e (new)
Article 9 e (new)
Article 9 e Financial support 1. Funding support shall be provided in accordance with Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund, based on the objective referred to in Article 3(2)(d) of that Regulation. 2. Emergency funding support for the Member State in a situation of crisis may be accorded pursuant Article 31(1)(a) and (b) of Regulation (EU) 2021/1147. 3. Facilities used to implement this Regulation shall be entirely funded from the Union budget. This shall include the construction, running and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast].
Amendment 601 #
Proposal for a regulation
Chapter V – title
Chapter V – title
V Granting of immediSimplified and accelerated protectioncedures for well-founded cases
Amendment 610 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 615 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of thisof crisis, and on the basis of the decision referred to in Article 1b(2), Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displacedbe obliged to apply simplified and accelerated procedures for applicants of a specific country of origin or part(s) of it pursuant to paragraph 4 of this Article, for persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional or 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.
Amendment 628 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to beneficiaries of subsidiary protecThe applications for international protection of the persons referred to in paragraph 1 shall be prioritised in accordance with the basic principles and guarantees of Chapter II, of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] based on Article 33(5)(a) of that Regulation. As these applications for international protection are likely to be well-founded, their examination shall not last longer than one month from their registration.
Amendment 634 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall resume the examination of the applications for international protectionThe procedure in paragraph 2 shall always entail a compulsory assessment to determine a possible threat have been suspended pursuant to paragraph 1 after a maximum of one yearto the national security or public order of the Member State.
Amendment 640 #
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3need to prioritise a certain group of applicants through accelerated and simplified procedures in examining their application for international protection within the timeline described in paragraph 2;
Amendment 642 #
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) establish that there is a need to suspend the examination ofdefine the specific country of origin, or a part of a specific country of origin on the basis of well-defined criteria, drawn from Regulation (EU) XXX/XXX [Qualification Regulation], in respect of the persons referred to in paragraph 1 where their applications for international protection; is likely to be well- founded.
Amendment 644 #
Proposal for a regulation
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
Amendment 647 #
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
Amendment 651 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
Amendment 652 #
Proposal for a regulation
Article 10 – paragraph 4 b (new)
Article 10 – paragraph 4 b (new)
4b. When an EU agency, according to Articles 9c and 9d, is responsible for the examination of applications for international protection, it will prioritise for relocation those applications likely to be well-founded pursuant to Article 2.
Amendment 654 #
Proposal for a regulation
Article 10 – paragraph 4 c (new)
Article 10 – paragraph 4 c (new)
4c. The decision establishing the groups to whom the accelerated and simplified procedures should apply according to paragraph 4, points (a) and (b) of this Article, shall be reviewed every three months and, where the situation for these persons has changed, a revised implementing act may be adopted. The review shall be based on updated country of origin information, or updated information on the relevant specific groups. Consultations with relevant non- governmental organisations shall also take place ahead of this decision.
Amendment 662 #
Proposal for a regulation
Chapter V a (new)
Chapter V a (new)
Va Monitoring and duration of a situation of crisis
Amendment 663 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Monitoring the implementation of crisis measures 1. The Commission, in coordination with the EU Crisis Coordinator, shall be responsible for regularly monitoring the implementation of this Regulation, including the following aspects: (a) the access that all competent actors have to facilities used in the context of the measures triggered by this Regulation; (b) reception conditions and specific requirements for the crisis asylum management procedure and the crisis return management procedure; (c) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy; (d) the quality of decision-making in the crisis asylum management procedure and the crisis return management procedure. 2. The Commission shall alert a Member State where the capacity of a location it has notified pursuant to Article 41(14) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] is temporarily insufficient for the purposes of processing applicants.
Amendment 664 #
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Amendment 665 #
Proposal for a regulation
Article 10 c (new)
Article 10 c (new)
Article 10 c End of a situation of crisis 1. The Commission, in line with its obligations under Article 10a(1), shall keep the situation of crisis under constant monitoring and review as regards the necessity and proportionality of the crisis measures triggered by this Regulation. 2. The situation of crisis that triggers the application of measures laid down in this Regulation shall remain in place until the Commission determines that the situation of crisis in a Member State has ended. In doing so, the Commission shall adopt an implementing actin accordance with Article 11. It shall base its decision on the same criteria as listed in Article 1b(3b). 3. The Council may make a reasoned request to the Commission to determine that a situation of crisis in a Member State has ended.
Amendment 673 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 52, 3a, 3b, 4, 5, 5a, and 6,5b and triggering the granting of immediobligation to apply simplified and accelerated protection statucedures in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
Amendment 681 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 52, 3a, 3b, 4, 5, 5a, and 65b, and triggering the granting of immediobligation to apply simplified and accelerated protection statucedures in accordance with Article 10. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).
Amendment 686 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 694 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. For the implementing act referred to in Article 31b, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 697 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 698 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Amendment 700 #
Proposal for a regulation
Article 14
Article 14