29 Amendments of Annalisa TARDINO related to 2020/0277(COD)
Amendment 89 #
(1) The Union, in constituting an area of freedom, security and justice, should ensure, where possible, the absence of internal border controls for persons and frame a common policy on asylum, immigration andprevention of illegal immigration and rigorous management of the external border controls of the Union, based on solidarity between Member States, which is fair towards third-country nationals.
Amendment 110 #
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 mannprimarily on the protection of the external borders. 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 114 #
(4) Notwithstanding the putting in place of all the necessary preventive measuremeasures to prevent illegal migration including the construction of physical barriers for land borders as well as naval blockage for maritime borders, 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 117 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to prevent a situation of crisis, the Union should primarily apply measures to discourage illegal border crossing, including the construction of physical barriers for land borders as well as naval blockage for maritime borders.
Amendment 118 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In order to address a situation of crisis, it is necessary that Member States forbid private actors from interfering in the migratory processes by carrying out search and rescue operations which may act as a pull factor for unsustainable migratory influxes.
Amendment 138 #
Proposal for a regulation
Recital 6
Recital 6
(6) A mass influx of persons crossing thland or maritime borders 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. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such situations.
Amendment 140 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) A situation of crisis shall not be established only on quantitative parameters. This Regulation should also take into account potential crises at local or regional level. Economic and social impacts on the local population shall be adequately assessed.
Amendment 168 #
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 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 national from the benefitting Member State if the person concerned does not return or is not removed within fourtwo months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 182 #
Proposal for a regulation
Recital 12
Recital 12
(12) In situations of crisis, Member States might need a wider set of internal and external measures in order to manage a mass influx of third- country nationals in an orderly fashion and containstop unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
Amendment 188 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to manage the crisis situation in a sustainable manner and discourage illegal border crossings and landings on the EU territory, the Commission, supported by the relevant EU agencies, should establish asylum processing centres in third countries, especially in those located on the southern side of the Mediterranean sea. In those facilities, EU trained staff should swiftly process asylum applications and establish whether applicants should be granted international protection and thus safely relocated to a Member State according to the criteria set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] or returned to countries of origin.
Amendment 235 #
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 259 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 274 #
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 protectionif the crisis situation has not been resolved.
Amendment 282 #
Proposal for a regulation
Recital 22
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 fourive 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 299 #
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 StatMember States have the possibility to grant immediate protection to those persons. If Member States grant immediate protection, competent authorities should resume the examination of their application one year at the latest from its suspension.
Amendment 350 #
Proposal for a regulation
Recital 29
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.
Amendment 414 #
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 carried out by public authorities, being of such a scale, and nature, that it renders the Member State’s asylum, reception or return system non- functional both at national or local level 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], the well being of the resident population or national security, or
Amendment 466 #
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 fourtwo months.
Amendment 470 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Solidarity for Asylum applications processed in centres in third countries in case of crisis: 1. The European Commission in cooperation with the relevant EU agencies, mainly Frontex and EASO, shall set up asylum processing centres in third countries. 2. Staff serving in those facilities shall be adequately trained to swiftly process asylum applications in accordance with Union and national law. 3. Applicants that receive a positive decision shall be relocated according to the conditions set out in Article 45 paragraph 2 (a) of Regulation (EU) XXX/XXX [Asylum and Migration Management]. 4. Applicants that do not receive a positive decision shall be immediately returned to their country of origins.
Amendment 485 #
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 requestnotification to the Commission for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.
Amendment 487 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 491 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 498 #
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 mayshall be extended for a period not exceeding one yearif the crisis situation has not been resolved.
Amendment 501 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of fourive weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned requestnotification to the Commission at the latest five days before the expiry of the fourive-week period. The Commission may authorise the prolongation of the application of the rules laid down in Article 6 for an additional maximum period of four weeks, which shall be renewable once. The period of application shall not exceed twelve weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2if the crisis situation has not been resolved.
Amendment 503 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 506 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. When submitting the requestnotification referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this requestnotification by the Commission is concludevaluated. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the requestnotification and for a period not exceeding 15 days. The Member State shall indicate in the requestnotification the reasons for which an immediate action is required.
Amendment 512 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The Commission shall examine the reasoned requestnotification pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031 , the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management]. _________________ 31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11.)
Amendment 541 #
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 shallcould be authorised to enter the Member State’s territory for the completion of the procedure for international protection.
Amendment 554 #
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 eighttwelve weeks;