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REPORT (COM(2020)0613 – C90308/2020 – 2020/0277(COD))

On the proposal for a regulation of the European Parliament and of the Council addressing situations of crisis in the field of migration and asylum

A-9-2023-0127

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Juan Fernando López Aguilar

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Parliament's amended version of the Commission proposal for a regulation addressing situations of crisis in migration and asylum. It sets out a crisis response mechanism with mandatory relocation, derogations from asylum and return procedures, and the granting of prima facie international protection. The Commission assesses and decides on a situation of crisis by delegated act, and monitors when it ends. Member States must prepare contingency plans and can receive operational, technical and financial support. Contributing Member States must relocate applicants and beneficiaries of international protection, prioritising vulnerable persons. A reference key based on population and GDP determines each Member State's share. In a crisis, Member States may prolong the border procedure by four weeks and the return border procedure by four weeks, while vulnerable applicants are excluded and safeguards apply. Member States may grant prima facie international protection to categories of applicants defined by delegated act, with a procedure lasting no longer than one month. The regulation also amends the Asylum, Migration and Integration Fund to provide EUR 10 000 per relocated person.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes to amend the Commission proposal by introducing a crisis response mechanism with mandatory relocation, derogations from asylum and return procedures, and the granting of prima facie international protection.

Key points

  1. The regulation addresses situations of crisis in migration and asylum and provides temporary rules derogating from the Asylum Procedures Regulation and the Asylum and Migration Management Regulation.
  2. A situation of crisis is defined as an exceptional situation of mass and sudden arrivals that renders a Member State's asylum, reception, return or child-protection system non-functional.
  3. The Commission assesses whether a Member State is in crisis, either on request from the Member State or on its own initiative, and adopts a reasoned decision within one week.
  4. The Commission constantly monitors whether a crisis persists and adopts a delegated act to establish its end, ending all measures triggered by the regulation.
  5. Member States must include contingency planning in their national strategies to ensure preparedness for a crisis and protect the rights of applicants and beneficiaries.
  6. Contributing Member States must relocate applicants for international protection and beneficiaries granted protection less than three years before the implementing act, prioritising vulnerable persons and unaccompanied minors.
  7. The share of relocation contributions is calculated using a reference key based on population (50%) and total GDP (50%), according to the latest Eurostat data.
  8. The EU Relocation Coordinator supports relocation, coordinates cooperation, promotes coherent working methods and a culture of preparedness, and is updated by the EU Migration Preparedness and Crisis Management Network.
  9. In a crisis, Member States may prolong the maximum duration of the border procedure by an additional four weeks, after which applicants may enter the territory to complete the procedure.
  10. Vulnerable applicants, including minors and their family members, are excluded from the asylum crisis management border procedure, and the best interests of the child must be taken into account.
  11. For the return crisis management procedure, the maximum period for keeping irregularly staying third-country nationals at border locations may be prolonged by four weeks, and detention must not exceed that period.
  12. Member States may grant prima facie international protection to categories of applicants defined by delegated act, with examination limited to category and exclusion grounds and a procedure not longer than one month.

Who is affected

  • Member States facing a situation of crisis, which receive support and may apply derogatory rules.
  • Contributing Member States, which must relocate applicants and beneficiaries of international protection.
  • Applicants for and beneficiaries of international protection, including vulnerable persons, who are relocated or granted prima facie protection.
  • Local and regional authorities in contributing Member States, which receive funding for integration following relocation.

Figures and deadlines

  • Applications made within four weeks from adoption of the delegated act must be registered within four weeks from when they are made.
  • The border procedure may be prolonged by an additional period of maximum four weeks.
  • The maximum period for keeping persons at border locations may be prolonged by an additional period of maximum four weeks.
  • The procedure for prima facie international protection shall not take longer than one month from the date of registration.
  • The delegated act establishing categories eligible for prima facie protection shall be reviewed at least every three months.
  • A Member State receives an additional EUR 10 000 for each relocated applicant or beneficiary of international protection.
  • The amount is increased to EUR 12 000 for each unaccompanied minor relocated.
  • The power to adopt delegated acts is conferred for a period of five years.

Legal basis: Article 294(2) and Article 78(2)(c), (d) and (e) and Article 79(2)(c) of the Treaty on the Functioning of the European Union.