29 Amendments of Loránt VINCZE related to 2020/0277(COD)
Amendment 109 #
Proposal for a regulation
Recital 3
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, and 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 manageprevent a migration including the triggering of a compulsory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happecrisis to happen, principally with the effective protection of external borders and effective action in the external dimension of migration.
Amendment 155 #
Proposal for a regulation
Recital 8
Recital 8
(8) The solidarity mechanism for situations of migratory pressure as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] should be adaptpplied based ton the specific needs of situations of crisis by extendprinciple of flexible solidarity. Member States should be able to choose the form of solidarity through which they wish to contribute. The border protection efforts of Member States and their efforts ing the personal scope of the solidarity measures provided for in that Regulaexternal dimension of migration should be considered as solidarity instruments. Relocation as well as return sponsorship should remain only voluntary instruments of solidarity. Capacity building contributions and setting shorter deadlines well as measures taken in the external dimension of migration should be taken into account as solidarity contributions.
Amendment 160 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 173 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 190 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In a crisis situation, Member States should be able to put in place and maintain a system where submitting an asylum application is only possible in the consulates of safe third countries and where those arriving at the external border sections wishing to submit an application there, but arrive via a safe third country, would be redirected to the consulate of that Member State in the neighbouring safe third country.
Amendment 245 #
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 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 CommissionEuropean Council 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 257 #
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,uncil, in full compliance with the decision of the European Council declaring a situation of crisis and setting out the exact range of measures to be applied in such situation, may 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.
Amendment 266 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Commissionuncil should examine a reasoned request submitted by a Member State 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 273 #
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 shoulduncil, in full compliance with the decision of the European Council declaring a situation of crisis and setting out the exact range of measures to be applied in such situation, may 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 280 #
Proposal for a regulation
Recital 22
Recital 22
(22) For the same reasons, the Commission shoulduncil, in full compliance with the decision of the European Council declaring a situation of crisis and setting out the exact range of measures to be applied in such situation, may authorise the application of derogatory rules as regards the registration deadline for a period not exceeding four weeks, which should be renewable upon a new reasoned request submitted by the Member State concerned. The total period of application should nonetheless not exceed twelve weeks.
Amendment 372 #
Proposal for a regulation
Recital 33
Recital 33
(33) To support Member States who undertake relocation as aany solidarity measure, financial support from the EU budget should be provided.
Amendment 381 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 387 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 393 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 410 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. Upon the request of a Member State, the European Council may declare that a Member State is confronted with a situation of crisis and set out the exact range of measures to be applied in such situation.
Amendment 419 #
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 irregularllegally 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 443 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Art. The form of solidarity contributions should be based on the free choicle 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second andof each contributing Member State, tailored to their individual capabilities and taking into account theird subparagraph national specificities.
Amendment 451 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 459 #
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 462 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 486 #
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 Commissionuncil for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary. (This amendment applies throughout Article 3)
Amendment 504 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 515 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Applications in safe third countries 1. In a crisis situation, Member States may put in place and maintain a system where submitting an asylum application is only possible in the consulates of safe third countries. 2. Those arriving at the external border of a Member State to submit an asylum application there, and who arrive via a safe third country, may be redirected to the consulate of the Member State in the neighbouring safe third country.
Amendment 607 #
Amendment 668 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Adoption of implementing actCouncil decisions
Amendment 672 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt implementinguncil may adopt 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).
Amendment 680 #
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 shalluncil may 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).
Amendment 683 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Any decision made by the Council should always fully respect the decision of the European Council determining the situation of crisis and the exact range of measures set out by the European Council to be applied in such situation.
Amendment 690 #
Proposal for a regulation
Article 12
Article 12