99 Amendments of Laura HUHTASAARI related to 2020/0277(COD)
Amendment 83 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
Amendment 84 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
Amendment 95 #
Proposal for a regulation
Recital 1
Recital 1
(1) TIn situations of crisis, 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 between Member States, which is fair towards third-country nationalnot stand in the way of internal border controls for persons.
Amendment 104 #
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 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 happen.
Amendment 108 #
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 has at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarityvoluntary contribution mechanism and that all the necessary measures are put in place to prevent crisis to happen.
Amendment 115 #
Proposal for a regulation
Recital 4
Recital 4
(4) Notwithstanding tThe putting in place of the necessary preventive measures, it cannot be can 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 121 #
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 of solidarity and fair sharing of responsibility and the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures.
Amendment 122 #
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 of solidarity and fair sharing of responsibility and the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures.
Amendment 133 #
Proposal for a regulation
Recital 6
Recital 6
(6) A mass influxlarge number of persons trying to crossing the border irregularly and within a short period of time may lead to a situation of crisis in a particular Member State. That may also have consequences for the functioning of the asylum and migration system, not only in that Member State but in the Union as a whole, due to unauthorised movements and the lack of capacity in the Member State of first entry to process the applications for international protection of such third- country nationals and must be prevented. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such situationssupport in defence of the border of said Member State.
Amendment 142 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 148 #
Proposal for a regulation
Recital 7
Recital 7
(7) In addition to situations of crisis, Member States may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all due care. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protection or carrying out the procedures for determining the Member State responsible for examining an application for international protection. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State or a third country partner state reception centre should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the svolidarityuntary contribution mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessary.
Amendment 154 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 156 #
Proposal for a regulation
Recital 8
Recital 8
(8) The svolidarityuntary contribution 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.
Amendment 161 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 164 #
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 all categoriesimmediate assistance in border protection should be given, thus avoiding the need for relocation of applicants for international protection, including persons granted immediate protection, as well as beneficiaries of international protection and irregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally staying third-country national from the benefitting Member State if the person concerned does not return or is not removed within four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management]This will avoid creating a pull factor for uncontrolled mass immigration.
Amendment 177 #
Proposal for a regulation
Recital 11
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 svolidarityuntary contribution measures in a situation of crisis, although they should be adjusted in order to take into account the gravity and urgency of that situation.
Amendment 181 #
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 procedureorganise an efficient border protection and prevent the entering of a large number of third-country nationals in unauthorised movements.
Amendment 187 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to alleviate pressure on the Member States with external borders, the Union will support effective border protection against illegal migration. An illegal migrant is any third-country national who enters the territory of the Member States without prior approval in the form of a visa or residence permit or who enters a Member State by force, or a person who enters a Member State and does not apply for protection at the first opportunity. A person who wishes to apply for international protection, must do so in a peaceful manner and at the first possible opportunity (at a border post, disembarkation point, or asylum processing facility). Should the third- country national enter a Member State by force or travel through a Member State without applying for protection, any application that is lodged will be denied, the person will be considered as an illegal migrant, and will be detained and returned to his or her country of origin.
Amendment 192 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) In order to alleviate pressure on the Member States with external borders, the Union will financially support the building of a physical barrier on those external borders. Physical barriers will help to manage a mass influx of third- country nationals and contain unauthorised movements.
Amendment 217 #
Proposal for a regulation
Recital 13
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 limitmore resources should be setapplied 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.
Amendment 218 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to allow Member StatesMember States are not obliged 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 anespecially if large numbers of applicants are part of hybrid-warfare operations or extensortion should be without prejudice to the rights of asylum applicants guaranteed by the Charter of Fundamental Rights of the European Unionpolicies are deployed against a Member State.
Amendment 219 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 231 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In a situation of crisis, in view of the possible strain on the asylum system, Member States should prevent entry in their territory of applicants trying to enter from a neighbouring safe third country. The Union can be called upon to support such prevention of entry.
Amendment 234 #
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 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 236 #
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, tThe 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 protectionthoroughly and expeditiously.
Amendment 244 #
Proposal for a regulation
Recital 17
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the swift 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.
Amendment 253 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 256 #
Proposal for a regulation
Recital 19
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 Member States can apply relevant derogatory rules without prior authorisation from the Commission.
Amendment 260 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 261 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 272 #
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 protections long as needed.
Amendment 279 #
Proposal for a regulation
Recital 22
Recital 22
(22) For the same reasons, the Commission should authorise the application ofMember States can apply 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.
Amendment 296 #
Proposal for a regulation
Recital 23
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latest from its suspensio. Member States should organise the return to a safe country in the region of origin.
Amendment 297 #
Proposal for a regulation
Recital 23
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latest from its suspension.
Amendment 303 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 304 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 311 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 317 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 322 #
Proposal for a regulation
Recital 26
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 proceduresnot be suspended.
Amendment 327 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 343 #
Proposal for a regulation
Recital 28
Recital 28
(28) Specific rules should be set out for situations of force majeure, to allow Member States to extend the time limits set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] under strict conditions where it is impossible to comply with those time limits due to the extraordinary situation. Such extension should apply to the time limits set out for sending and replying to take charge requests and take back notifications as well as the time limit to transfer an applicant to the Member State responsible or a third country partner state reception centre.
Amendment 349 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 354 #
Proposal for a regulation
Recital 30
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 itsMember States intending to apply derogations should notify the other Member States and the Commission of their 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.
Amendment 355 #
Proposal for a regulation
Recital 30
Recital 30
(30) In such situations of force majeure, the Member State concerned shouldmay 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.
Amendment 357 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 363 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 365 #
Proposal for a regulation
Recital 32
Recital 32
(32) Where a Member State is no longer facing a situation of force majeure, it should, as soon as possible,may 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.
Amendment 366 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 367 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 379 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 380 #
Amendment 388 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 390 #
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 immediate protection status.
Amendment 396 #
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 Unionprinciples, in particular 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.
Amendment 397 #
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 prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extraditioncluding the right to safety of European citizens. 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 417 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx, where a large number of third-country nationals or stateless persons arrivinges irregularly in a Member State or disembarked on its territory following search and rescue operationsat the external border of a Member State and requests to enter, 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], or
Amendment 420 #
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 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], or
Amendment 430 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation does not apply when either the Commission or the Council has taken a decision that finds that a third country is engaging in hybrid warfare against the Union by employing migration as a weapon in order to destabilise a Member State or the Union.
Amendment 437 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II SVolidarityuntary contribution mechanism
Amendment 439 #
Proposal for a regulation
Article 2
Article 2
Amendment 441 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Amendment 446 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. For the purpose of providing svolidarituntary 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.
Amendment 453 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 457 #
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 463 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 484 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State shall submit a reasoned request to the Commission for the purpose ofmay applying the rules laid down in Articles 4, 5 or 6 as necessary.
Amendment 488 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 492 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 497 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six months. That period may be extended for a period not exceeding one yearmay take as long as needed.
Amendment 499 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 505 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
Amendment 509 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
Amendment 530 #
Proposal for a regulation
Article 4
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
Amendment 536 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eight weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.
Amendment 549 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third- country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum eight weekto secure swift and proper returns;
Amendment 559 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third- country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive.
Amendment 594 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake svolidarityuntary contribution 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.
Amendment 611 #
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Granting of immediateThe need for enhanced border protection status.
Amendment 614 #
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 this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member StateMember States may suspend the examination of applications for international protection.
Amendment 618 #
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 this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of orihave travelled through multiple safe countries or left protection facilities in the own region. 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 relevantprotect their borders and ensure no such illegal applicant enters the Member State.
Amendment 626 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 627 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 631 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 633 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one yeart a time of their choosing.
Amendment 636 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 638 #
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. The Commissionuncil shall, by means of unan implementing decisionity:
Amendment 639 #
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. The Commissionuncil shall, by means of unan implementingity, decisionde:
Amendment 641 #
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) establish thatwhether there is a situation of crisis on the basis of the elements referred to in Article 3;
Amendment 643 #
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 of applications for international protection, while fully respecting that declaring the existence of such need is not a prerequisite for Member States to suspend the examination of applications;
Amendment 645 #
Proposal for a regulation
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
Amendment 648 #
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
Amendment 667 #
Proposal for a regulation
Article 11
Article 11
Adoption of implementing acts 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 in Article 12(2). 2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, 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 in Article 12(3). 3. The implementing acts shall remain in force for a period not exceeding one year.rticle 11 deleted
Amendment 670 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 671 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 677 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 678 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 684 #
Amendment 685 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 691 #
Proposal for a regulation
Article 12
Article 12