Sittings · Document

Draft report (COM(2020)0613 – C9-0308/2020 – 2020/0277(COD)) 2022-01-27

Addressing situations of crisis and force majeure in the field of migration and asylum

Committee on Civil Liberties, Justice and Home Affairs

AM_Com_LegReport

Amendment 82

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Draft legislative resolution

Paragraph 1

Draft legislative resolution

Amendment

1. Adopts its position at first reading hereinafter set out;

1. Rejects the Commission's proposal and refers the text back to the Commission;

Or. en

Amendment 83

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Draft legislative resolution

Paragraph 1

Draft legislative resolution

Amendment

1. Adopts its position at first reading hereinafter set out;

1. Rejects the Commission's proposal;

Or. en

Amendment 84

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Draft legislative resolution

Paragraph 1

Draft legislative resolution

Amendment

1. Adopts its position at first reading hereinafter set out;

1. Rejects the Commission's proposal;

Or. en

Amendment 85

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

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)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of emergency in the field of asylum (Text with EEA relevance)

Or. en

Amendment 86

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

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)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis in the field of migration and asylum (Text with EEA relevance)

Or. en

Amendment 87

Damian Boeselager

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

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)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing a situation of emergency in the field of asylum (Text with EEA relevance)

Or. en

Justification

Before introducing new concepts in EU law, we must assess how they interlink with the existing legislation and concepts defined. Over the past years, the lack of these definitions has led to a large degree of discretion for Member States to apply EU laws. While the Pact focuses on a shift to a more balanced narrative, the emphasis on the concept of ‘crisis’ prolongs the 2015 crisis approach and gives an impression that nothing has changed in the past years. Therefore, we suggest to use the legal term ‘emergency’ that includes a number of safeguards and is referred to in EU case law, including in the field of asylum.

Amendment 88

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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 between Member States, which is fair towards third-country nationals.

deleted

Or. fr

Amendment 89

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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, prevention of illegal immigration and rigorous management of the external borders of the Union, based on solidarity between Member States.

Or. en

Amendment 90

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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 and immigration, based on the fair sharing of responsibility and solidarity between Member States, which fully respects and guarantees the rights of third-country nationals as well as stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons.

Or. en

Amendment 91

Emmanouil Fragkos, Jorge Buxadé Villalba, Beata Kempa

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should ensure, to the extent that the Treaties allow it, the absence of internal border controls for the citizens of the Member States, and frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals.

Or. en

Amendment 92

Nadine Morano

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Union, in constituting an area of freedom, security and justice, should as a general rule 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 benefits European citizens and respects the fundamental rights of third-country nationals.

Or. fr

Amendment 93

Damian Boeselager

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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 the fair sharing of responsibility and solidarity between Member States, which is also fair towards third-country nationals.

Or. en

Amendment 94

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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, migration and external border control, based on solidarity and fair sharing of responsibility between Member States, which is also fair towards third-country nationals.

Or. en

Amendment 95

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) In situations of crisis, the Union, in constituting an area of freedom, security and justice, should not stand in the way of internal border controls for persons.

Or. en

Amendment 96

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 97

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) An effective implementation of the EU asylum acquis in full respect of the fundamental rights of applicants and a fair sharing of responsibility are essential elements of a well-functioning system of Union asylum. In situations of emergency, a Member State should not derogate from the EU asylum acquis, but be supported by other Member States through a mandatory relocation mechanism.

Or. en

Amendment 98

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) The European Union should ensure that there are internal border controls for persons and strengthen the external borders while respecting the sovereignty of the Member States.

Or. fr

Amendment 99

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) To this end, a comprehensive approach is required with the objective of building mutual trust between Member States.

(2) In the light of the disproportionate responsibility being put on first Member States of entry under Regulation (EU) 604/2013, it is necessary to design a new system in full respect of Article 78(1) TFEU based on a fair share of responsibility and solidarity between Member States for applications for international protection.

Or. en

Amendment 100

Damian Boeselager

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) To this end, a comprehensive approach is required with the objective of building mutual trust between Member States.

(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States, ensuring the fair sharing of responsibility and the full respect of the rights of asylum-seekers, refugees and migrants.

Or. en

Amendment 101

Damian Boeselager

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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.

(3) The comprehensive approach should set out a common framework for the actions of the Union and Member States in the field of asylum, by upholding and elaborating on the principle of solidarity and fair sharing of responsibility, in particular the triggering of a mandatory and automatic relocation mechanism.

Or. en

Amendment 102

Emmanouil Fragkos, Beata Kempa, Jorge Buxadé Villalba

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 a) a mechanism for transferring asylum seekers to safe third countries, adjacent to the asylum seekers' countries of origin, b) the triggering of a compulsory solidarity mechanism and c) that all the necessary measures are put in place to prevent crisis to happen.

Or. en

Amendment 103

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 set out in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] 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.

Or. en

Amendment 104

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

Or. en

Amendment 105

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The new system should ensure a mandatory and automatic solidarity mechanism based on relocation of applicants and that all the necessary measures are put in place to prevent an emergency situation to happen. The mandatory solidarity mechanism should be effective and ensure that applicants have swift access to the procedures for granting international protection. Such a mechanism should ensure that family and other meaningful links of the applicants are taken into account.

Or. en

Amendment 106

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 in particular the triggering of a compulsory solidarity mechanism including mandatory relocation of applicants for international protection and that all the necessary measures are put in place to prevent crisis to happen.

Or. en

Amendment 107

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 works 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 in which all the necessary measures are put in place to prevent crisis to happen.

Or. en

Amendment 108

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 voluntary contribution mechanism and that all the necessary measures are put in place to prevent crisis to happen.

Or. en

Amendment 109

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The comprehensive approach should bring together policies in the areas of asylum and migration, 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 prevent a migration crisis to happen, principally with the effective protection of external borders and effective action in the external dimension of migration.

Or. en

Amendment 110

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 primarily 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.

Or. en

Amendment 111

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Loucas Fourlas

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3a) In order to prevent and detect unauthorised migration and third-country nationals circumventing the border checks at the external border, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.

Or. en

Amendment 112

Damian Boeselager

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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.

deleted

Or. en

Amendment 113

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 114

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Notwithstanding the putting in place of all the necessary measures 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.

Or. en

Amendment 115

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The putting in place of the necessary preventive measures can exclude 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.

Or. en

Amendment 116

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States.

Or. en

Amendment 117

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 118

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 4 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 119

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 120

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 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 through 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).

Or. en

Amendment 121

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

Or. en

Amendment 122

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

Or. en

Amendment 123

Damian Boeselager

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 that should apply in the exceptional circumstances of an emergency in the field of asylum. 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 procedures, including the granting of prima facie international protection and, if applicable, immediate protection status, so that the Member States and the Union have the necessary tools at their disposal to address the emergency and guarantee continued access to asylum for applicants.

Or. en

Amendment 124

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) This Regulation should apply in the exceptional circumstances of a situation of emergency in the field of asylum. It should ensure, in particular, the effective application of the principle of solidarity and fair sharing of responsibility, as well as the granting of prima facie international protection, so that the Member States and the Union have the necessary tools at their disposal to carry out asylum procedures in situations of emergency.

Or. en

Amendment 125

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Loucas Fourlas

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

Or. en

Amendment 126

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 127

Emmanouil Fragkos, Jorge Buxadé Villalba, Beata Kempa

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) Artificial intelligence applications, including face recognition technology, must be fully utilized to record and easily access objective identification data for asylum seekers in each Member State.

Or. en

Amendment 128

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) This Regulation should help to stem or stop mass influxes of migrants and facilitate their return.

Or. fr

Amendment 129

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 5 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 130

Emmanouil Fragkos, Beata Kempa, Jorge Buxadé Villalba

Proposal for a regulation

Recital 5 b (new)

Text proposed by the Commission

Amendment

(5b) The EU-wide registration of asylum seekers should be recording any penal code violations, so that criminal measures can apply more effectively and deportations can be carried out, as required by the Member States legislation.

Or. en

Amendment 131

Emmanouil Fragkos, Jorge Buxadé Villalba, Beata Kempa

Proposal for a regulation

Recital 5 c (new)

Text proposed by the Commission

Amendment

(5c) Member States and the European Commission should have real-time access to information on pending deportation cases for persons in the EU.

Or. en

Amendment 132

Damian Boeselager

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) A mass influx of persons 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. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such situations.

(6) An exceptional situation characterised by the sudden arrival of a large number of third-country nationals or stateless persons within a short period of time may lead to a situation of emergency in a particular Member State. A situation of emergency is not only based on numerical parameters. Such a situation may lead to wide-ranging humanitarian, social, or economic consequences, with adverse and severe effects on the rights and interests of the persons arriving or on other persons with pending applications for international protection. A situation of emergency is of such nature that it renders the Member States’ asylum, reception, integration or child-protection systems non-functional, with potential effects on other Member States and the Union as a whole. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such a situation and avoid serious consequences for the functioning of the Common European Asylum System.

Or. en

Amendment 133

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) A large number of persons trying to cross the border irregularly and within a short period of time may lead to a situation of crisis in a particular Member State and must be prevented. It is necessary to lay down specific rules and mechanisms that should enable effective support in defence of the border of said Member State.

Or. en

Amendment 134

Emmanouil Fragkos, Beata Kempa, Jorge Buxadé Villalba

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) A mass influx of persons crossing the border irregularly and within a short period of time, especially when organized by a third country intending to intervene politically within the EU, 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.

Or. en

Justification

The Turkish efforts to transfer third-country nationals to Greece, Poland, through Belarus, and to the Republic of Cyprus, is a legally new act, the registration of which is imperative.

Amendment 135

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) A disproportionate arrival of persons with the intention to apply for international protection within a short period of time may lead to a situation of emergency in a particular Member State. That may also have consequences for the functioning of the asylum system, not only in that Member State but in the Union as a whole, including due to the lack of capacity any Member State of first entry would face in a similar situation, to process the applications for international protection. It is necessary to lay down a common framework for the automatic distribution of applicants for international protection across the European Union, including after a Search and Rescue operation.

Or. en

Amendment 136

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

Or. en

Amendment 137

Nadine Morano

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) A mass influx of persons 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 within a reasonable timeframe and to an acceptable standard 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.

Or. fr

Amendment 138

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) A mass influx of persons crossing land 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.

Or. en

Amendment 139

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 140

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 141

Tomas Tobé, Lena Düpont, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

(6a) Such effective actions should be comprehensive and include, inter alia, operational, diplomatic, legal and financial measures to reduce and prevent the mass influx of third-country nationals and to support the affected Member State.

Or. en

Amendment 142

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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 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 necessary.

deleted

Or. en

Amendment 143

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 144

Damian Boeselager

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 145

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Following sudden and unforeseen events, even well-prepared asylum, migration, or return systems may be overburdened. As a result, the Member State concerned may need to deviate resources to the task of managing the arrival 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 of 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 and for the screening procedure should apply in such situations.

Or. en

Amendment 146

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) In certain situations of crisis, Member States may be faced with unavoidable situations of force majeure due to the occurrence of an irresistible force beyond the control of the Member State concerned making it pragmatically impossible for this Member State to perform its obligations under Union asylum and migration law. Such situations of force majeure affecting a Member State could be the instrumentalisation of migrants at the EU external border by third countries instigating irregular migratory flows into the Union by actively encouraging or facilitating the movement of third-country nationals to the EU external borders. 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 necessary, including the mandatory relocation of applicants for international protection in such exceptional circumstances.

Or. en

Amendment 147

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) In addition to situations of crisis, Member States may be faced with circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all due care and contingency planning as set out in the Regulation (EU) XXX/XXX [Asylum and Migration Management]. 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 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 necessary.

Or. en

Amendment 148

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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 measures that they have to take pursuant to the voluntary contribution mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessary.

Or. en

Amendment 149

Damian Boeselager

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) For the effective implementation of the common framework and to assess the necessity, proportionality, effectiveness and impact of the adapted measures to respond to a situation of emergency, the Commission should regularly evaluate, report on and monitor the implementation of measures set out in this Regulation.

Or. en

Amendment 150

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) A situation of emergency should allow for the triggering of the full set of measures provided for in this Regulation.

Or. en

Amendment 151

Damian Boeselager

Proposal for a regulation

Recital 7 b (new)

Text proposed by the Commission

Amendment

(7b) Member States should take all the necessary measures to prevent a situation of emergency, by developing, maintaining, and strengthening all aspects of the Common European Asylum System. Where a situation of emergency has occurred, the Member State concerned should swiftly prepare an emergency response plan, which details measures needed to respond to and resolve a situation of emergency, including measures needed to overcome challenges in the functioning of the Common European Asylum System and to protect the rights of applicants for and beneficiaries of international protection. Furthermore, in times of emergency, Member States shall continue to respect their obligations to provide material reception conditions and basic needs, in line with the Directive (EU) XXX/XXX [Reception Conditions Directive].

Or. en

Amendment 152

Damian Boeselager

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The solidarity 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.

deleted

Or. en

Amendment 153

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 154

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 155

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The solidarity mechanism for situations of migratory pressure as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] should be applied based on the principle 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 in the external 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 as well as measures taken in the external dimension of migration should be taken into account as solidarity contributions.

Or. en

Amendment 156

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The voluntary 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.

Or. en

Amendment 157

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Loucas Fourlas

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The solidarity 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 and force majeure by extending the personal scope of the solidarity measures provided for in that Regulation.

Or. en

Amendment 158

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) The adoption of measures in respect of a particular Member State should be without prejudice to the possibility for the Council to adopt provisional measures on a proposal from the Commission pursuant to Article 78(3) of the Treaty on the Functioning of the European Union in the event of an emergency situation in a Member State characterised by a sudden inflow of third-country nationals.

deleted

Or. en

Amendment 159

Damian Boeselager

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 160

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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 four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management].

deleted

Or. en

Amendment 161

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 162

Tomas Tobé

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of voluntary 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 four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management]. When applicable, Member States should also apply the discretionary clause in Article 25 of Regulation (EU) XXX/XXX [Asylum and Migration Management] when meaningful links exist.

Or. en

Amendment 163

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Olivier Chastel

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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 or prioritise certain categories of applicants for international protection, including beneficiaries of international protection, persons in the border procedure and persons whose applications for international protection are likely to be well-founded as determined under this Regulation.

Or. en

Amendment 164

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, immediate 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. This will avoid creating a pull factor for uncontrolled mass immigration.

Or. en

Amendment 165

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) In order to ensure a swift access to the asylum procedure and quickly help alleviate the pressure faced by a Member State in a situation of emergency, the scope of relocation should include all categories of applicants for international protection, as well as beneficiaries of international protection following their consent to be relocated to another Member State and persons granted prima facie international protection. The mechanism should be also applicable to people disembarked following search and rescue operations.

Or. en

Amendment 166

Nadine Morano

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

Or. fr

Amendment 167

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of mandatory 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 four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management].

Or. en

Amendment 168

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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 two months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management].

Or. en

Amendment 169

Damian Boeselager

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) For the purpose of providing better access to asylum and services for applicants and beneficiaries of international protection or other forms of protection if applicable, and in order to swiftly alleviate the pressure faced by a Member State and respond effectively to a situation of emergency, relocation should be facilitated. The scope of relocation should include all categories of applicants for international protection, including persons granted immediate protection, persons granted prima facie international protection, and in case requested and only following their written consent, other beneficiaries of international protection.

Or. en

Amendment 170

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

(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].

Or. en

Amendment 171

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Olivier Chastel

Proposal for a regulation

Recital 10 b (new)

Text proposed by the Commission

Amendment

(10b) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State in a situation of crisis in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/403a. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission.

_________________

3a Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.

Or. en

Amendment 172

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 10 c (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 173

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 174

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 175

Joachim Stanisław Brudziński, Jadwiga Wiśniewska, Patryk Jaki, Beata Kempa

on behalf of the ECR Group

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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 solidarity measures in a situation of crisis, although they should be adjusted in order to take into account the gravity and urgency of that situation. The concept of return sponsorship should include a precise definition of the roles of the country of entry, the sponsoring country and the European Border and Coast Guard Agency. If this instrument is chosen, Member States must be allowed to indicate the nationality of third-country nationals required to return, taking into account their bilateral cooperation with the countries of origin on returns and readmission.

Or. pl

Amendment 176

Damian Boeselager

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out relocation should be applied for the purpose of ensuring the proper implementation of relocation in a situation of emergency.

Or. en

Amendment 177

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

Or. en

Amendment 178

Nadine Morano

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out voluntary relocation and return sponsorship should be applied for the purpose of ensuring the proper implementation of the solidarity measures in a situation of crisis, although they should be adjusted in order to take into account the gravity and urgency of that situation.

Or. fr

Amendment 179

Damian Boeselager

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

(12) In the interest of a well-functioning Common European Asylum System, a situation of emergency should allow the Member State concerned to trigger a set of measures in order to overcome challenges encountered in the asylum, reception, integration or child-protection systems. Such measures should include a light procedure to more swiftly determine responsibility for asylum claims, a mandatory and automatic relocation mechanism to share responsibility in a fair and swift manner, and the granting of prima facie protection, or in case applicable an immediate protection status. When an applicant is eligible for both prima facie and immediate protection status, the former should prevail.

Or. en

Amendment 180

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In situations of emergency, Member States might need a wider set of measures in order to manage a disproportionate arrival of third-country nationals. Such measures should include a mandatory and automatic relocation mechanism, a light procedure to determine the Member State responsible and a procedure for the granting of prima facie international protection.

Or. en

Amendment 181

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In situations of crisis, Member States might need a wider set of measures in order to organise an efficient border protection and prevent the entering of a large number of third-country nationals in unauthorised movements.

Or. en

Amendment 182

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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 stop unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.

Or. en

Amendment 183

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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 prevent any unauthorised or secondary movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.

Or. en

Amendment 184

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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 control the external borders. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.

Or. en

Amendment 185

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In situations of crisis, Member States 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.

Or. en

Amendment 186

Damian Boeselager

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does not request to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation and the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria. The applicant should also be informed of the necessity of presenting all information which is necessary for correctly determining the Member State responsible, in particular the presence of family members or relatives in the Member States. The applicant should also be fully informed of his or her rights, including the right to an effective remedy and legal assistance. The information should be provided to the applicant in a language that he or she understands, in a concise and easily accessible form, using clear and plain language and taking into account the particular needs of minors.

Or. en

Amendment 187

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 188

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 189

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) Recognising refugee status on a prima facie basis has been a common practice of both States and UNHCR for over 60 years. A prima facie approach means the recognition by a State or UNHCR of refugee status on the basis of readily apparent, objective circumstances in the country of origin or, in the case of stateless asylum-seekers, their country of former habitual residence. A prima facie approach acknowledges that those fleeing these circumstances are at risk of harm that brings them within the applicable refugee definition.

Or. en

Amendment 190

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 191

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 b (new)

Text proposed by the Commission

Amendment

(12b) The consideration of third-country nationals fleeing climate change, should also be taken into account, where appropriate, in the determination of the specific groups of applicants, eligible for being granted prima facie international protection. Member States are encouraged to grant in such cases a humanitarian status or any other status available under national law.

Or. en

Amendment 192

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 12 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 193

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 c (new)

Text proposed by the Commission

Amendment

(12c) An EU relocation coordinator will be responsible for improving coordination between Member States in the implementation of the mandatory solidarity mechanism. The coordinator would work closely with the Asylum Agency who would provide the technical support by establishing the reference key for the distribution of asylum seekers, developing information material and be responsible for the transfer of applicants, and beneficiaries of international protection, including prima facie beneficiaries, in all cases provided under this Regulation.

Or. en

Amendment 194

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 d (new)

Text proposed by the Commission

Amendment

(12d) The European Union Asylum Agency should assist the EU relocation coordinator by determining the Member States responsible based on the criteria set out in this Regulation and ensuring the transfer to the Member State responsible. All applicants for international protection should be distributed in a proportionate manner among the Member States while fully taking into account family and other meaningful links of the applicants in the determination of the Member State responsible. Where Member States are themselves benefitting Member States, they should not be obliged to be a contributing Member State.

Or. en

Amendment 195

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 e (new)

Text proposed by the Commission

Amendment

(12e) A distribution key based on the size of the population, the economy of the Member States and the unemployment rate should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State and ensure a fair sharing of responsibilities among Member States. The European Union Asylum Agency should establish this distribution key and set up an automated system to implement the solidarity mechanism. In case no criteria based on family and meaningful links can be applied, and the motivated application to any Member States based on other links was rejected, the applicant should be relocated to Member States which are below their share of applications on the basis of the distribution key. In such case, the applicant can choose between the 5 Member States with the lowest share of applications. After the transfer, the Member State of allocation should examine the application as the Member State responsible.

Or. en

Amendment 196

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 f (new)

Text proposed by the Commission

Amendment

(12f) A Member State should be able, at its own initiative or at the request of another Member State, to provide additional relocation places on a voluntary basis to assist that Member State. In order to incentivise voluntary solidarity through additional relocations, those relocations should be supported financially by the AMIF fund.

Or. en

Amendment 197

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 g (new)

Text proposed by the Commission

Amendment

(12g) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System. That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. If no family or other meaningful links can be found during the procedure of the determination of the Member State responsible, the applicant should be able to make a written, duly motivated request to be relocated to any Member States, in particular on the basis of cultural or social ties, language skills or other links that could facilitate his or her integration into a specific Member State and could not be taken into account under meaningful links as defined in this Regulation. These applications would be submitted by the determining Member State to these Member States, who would then apply the discretionary clause.

Or. en

Amendment 198

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 h (new)

Text proposed by the Commission

Amendment

(12h) In situations of emergency, it is crucial to invest in the early provision of accessible information to applicants so that they will understand the procedures linked to this regulation. The Asylum Agency should in this regard develop suitable information material, in close cooperation with national authorities. In order to assist applicants, the agency should also develop audio-visual information material complementary to written information material. The information material should be translated and made available in all the major languages spoken by applicants for international protection arriving in the Union. As different categories of applicants have differing information needs, information would need to be provided in different ways and adapted to those needs, including for persons with disabilities. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation.

Or. en

Amendment 199

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 i (new)

Text proposed by the Commission

Amendment

(12i) Particular attention should be paid to identifying victims of trafficking in human beings, including directly after a Search and Rescue operation in order to offer protection and prevent them from being trafficked further into the Union. Suspicion of trafficking should be sufficient to transfer the person to a safe shelter.

Or. en

Amendment 200

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 j (new)

Text proposed by the Commission

Amendment

(12j) A personal interview with the applicant should be organised in order to identify whether the applicant is eligible for prima facie international protection or facilitate the determination of the Member State responsible for examining the application for international protection unless the information provided by the applicant is sufficient and the applicant does not request to be heard. As soon as the application for international protection is made, the applicant should be informed about the application of this Regulation, and the procedures and criteria being used to determine a Member State responsible. The applicant should be informed of the necessity to present all information which is relevant for determining the Member State responsible, in particular the presence of family members or relatives in the Member States, as well as former residence, visas and educational diplomas. The applicant should be fully informed about his or her rights, including the right to effective remedy and free legal assistance. The information to the applicant should be provided in a language that he or she understands, in a concise, intelligible, and easily accessible form, using clear and plain language.

Or. en

Amendment 201

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 k (new)

Text proposed by the Commission

Amendment

(12k) The person conducting the personal interview should have received sufficient training to take account of the personal and general circumstances of the applicants, including their cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Staff interviewing applicants should also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indicators showing that the person may have been tortured or victim of gender-based violence in the past.

Or. en

Amendment 202

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 l (new)

Text proposed by the Commission

Amendment

(12l) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.

Or. en

Amendment 203

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 m (new)

Text proposed by the Commission

Amendment

(12m) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge, and for carrying out transfers, should be short, while respecting the fundamental rights of applicants, the rights of vulnerable persons, in particular the rights of the child and the fundamental principle of the best interests of the child as well as the right to family reunification and the right to an effective remedy. Unaccompanied minors and families with minors, as well as vulnerable applicants should have their transfers prioritised.

Or. en

Amendment 204

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 n (new)

Text proposed by the Commission

Amendment

(12n) In order to ensure family unity, the processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. The processing together of the applications of a family is without prejudice to the right of an applicant to make an application individually.

Or. en

Amendment 205

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 o (new)

Text proposed by the Commission

Amendment

(12o) The definition of a family member in this Regulation should include the sibling or siblings as well as members of households that existed in the country of origin of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore also include families formed outside the country of origin.

Or. en

Amendment 206

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 p (new)

Text proposed by the Commission

Amendment

(12p) In order to ensure full compliance with the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion unless it is demonstrated that this is not in the best interest of the child. Before transferring a minor to another Member State, the transferring Member State should obtain individual guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer a minor should be preceded by an assessment of his or her best interests by a multidisciplinary team with the necessary qualifications and expertise and the participation of his or her representative and legal advisor.

Or. en

Amendment 207

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 q (new)

Text proposed by the Commission

Amendment

(12q) In times of emergency, it is crucial to simplify the rules on evidence to allow for a swifter family reunification. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary to establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. The best interests of the child should be a primary consideration throughout the family reunification procedure involving children, which must be completed in a positive, humane and expeditious manner.

Or. en

Amendment 208

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 r (new)

Text proposed by the Commission

Amendment

(12r) Where a person states that he or she has a previous legal residence in a Member State, that Member State should be responsible for the examination of the application and a swift transfer should be made. In times of emergency, a light procedure of proof should be established to ensure a swift transfer.

Or. en

Amendment 209

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 s (new)

Text proposed by the Commission

Amendment

(12s) Where a person states to have meaningful links to different Member States, the person should be able to choose to which Member State make the request to be responsible.

Or. en

Amendment 210

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 t (new)

Text proposed by the Commission

Amendment

(12t) To increase the prospects of integration and facilitate the administrative processing of applications for international protection, it is beneficial to ensure that applicants who wish to be transferred together can register and be transferred under the automated distribution mechanism as a group to one Member State rather than to be split up between several Member States. The applicants themselves should be able to determine their group and can have the choice between the five Member States with the lowest share of applications in accordance with the distribution mechanism. Where an applicant qualifies for reunification with family members or other meaningful links or a Member State has chosen to assume responsibility for the application under the discretionary provisions of this Regulation, including upon the motivated request of the applicant, the applicant should not be able to form part of a group in the context of the automated distribution mechanism. Where an applicant belonging to a group cannot be transferred because of, for example health reasons, it should be possible to transfer the other members of the group or parts of the group to the Member State of allocation before the applicant who cannot be transferred. Once the obstacles to the transfer of the remaining applicant are resolved he or she should be transferred to the same Member State as the rest of the group.

Or. en

Amendment 211

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 u (new)

Text proposed by the Commission

Amendment

(12u) A personal interview with the applicant should be organised in order to determine whether the applicant is eligible for prima facie international protection or facilitate the determination of the Member State responsible for examining an application for international protection unless the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does explicitly request not to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them and of the necessity to presenting all information which is relevant to determining the Member State responsible, in particular the presence of family members in the Member States and other meaningful links. The applicant should also be fully informed about his or her rights, including the right to an effective remedy and legal assistance. The information should be provided in a language that he or she understands and can communicate in, in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

Or. en

Amendment 212

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 v (new)

Text proposed by the Commission

Amendment

(12v) A person should not be held in detention on the basis of this Regulation. Detention or confinement of children, whether unaccompanied or within families, is never in their best interests and always constitutes a child’s rights violation. It should therefore be prohibited.

Or. en

Amendment 213

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 w (new)

Text proposed by the Commission

Amendment

(12w) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments and simplifying the processing of take charge requests.

Or. en

Amendment 214

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 12 x (new)

Text proposed by the Commission

Amendment

(12x) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez-passer for take charge requests; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

Or. en

Amendment 215

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) In order to allow Member States 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 an extension should be without prejudice to the rights of asylum applicants guaranteed by the Charter of Fundamental Rights of the European Union.

deleted

Or. en

Amendment 216

Damian Boeselager

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 217

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) In order to allow Member States to deal with large numbers of applications for international protection in situations of crisis, more resources should be applied for registering the applications for international protection made during such situations of crisis.

Or. en

Amendment 218

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) Member States are not obliged to deal with large numbers of applications for international protection in situations of crisis, especially if large numbers of applicants are part of hybrid-warfare operations or extortion policies are deployed against a Member State.

Or. en

Amendment 219

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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, 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%.

deleted

Or. en

Amendment 220

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 221

Damian Boeselager

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 222

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 223

Nadine Morano

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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, 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 90% 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 90%.

Or. fr

Amendment 224

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Loucas Fourlas

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

(14a) In situations of instrumentalisation of migrants by third countries at the EU external borders, the Member State concerned may have the flexibility to take a decision in the framework of the border procedure on the admissibility and on the merits of all applications for international protection by third-country nationals or stateless persons apprehended or found in the proximity of the border with the third country after an unauthorised crossing or who presented themselves at border crossing points.

Or. en

Amendment 225

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 226

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 14 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 227

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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.

deleted

Or. en

Amendment 228

Damian Boeselager

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 229

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

Or. en

Amendment 230

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

Or. en

Amendment 231

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 232

Damian Boeselager

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(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.

deleted

Or. en

Amendment 233

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 234

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) Member States 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].

Or. en

Amendment 235

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

Or. en

Amendment 236

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

Or. en

Amendment 237

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 238

Nadine Morano

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(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 12 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.

Or. fr

Amendment 239

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 240

Damian Boeselager

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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 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.

deleted

Or. en

Amendment 241

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 242

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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 and who have no right to remain or 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.

Or. en

Amendment 243

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 244

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 245

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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 European 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.

Or. en

Amendment 246

Damian Boeselager

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eight weeks. During that period, it should be possible to keep the illegally staying third-country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.

deleted

Or. en

Amendment 247

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 248

Emmanouil Fragkos, Beata Kempa

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should be obliged with the appropriate means not to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] using effective measures, such as imprisonment or confinement to other geographically restricted areas, such as uninhabited islands with well-designed structures, for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eight weeks. During that period, it should be possible to keep the illegally staying third-country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.

Or. en

Amendment 249

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain or are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed another 12 weeks. During that period, it should be possible to keep the illegally staying third-country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.

Or. en

Amendment 250

Nadine Morano

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed 12 weeks. During that period, it should be possible to keep the illegally staying third-country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.

Or. fr

Amendment 251

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 252

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 18 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 253

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(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.

deleted

Or. en

Amendment 254

Damian Boeselager

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 255

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 256

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(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 Member States can apply relevant derogatory rules without prior authorisation from the Commission.

Or. en

Amendment 257

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(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 Council, 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 a decision could authorise one or more requesting Member States to derogate from the relevant rules.

Or. en

Amendment 258

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(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 notification, to apply relevant derogatory rules. Such an implementing decision could authorise one or more requesting Member States to derogate from the relevant rules.

Or. en

Amendment 259

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The Commission 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].

deleted

_________________

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.

Or. en

Amendment 260

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 261

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 262

Damian Boeselager

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The Commission should assess a situation of emergency 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], as well as reports by UNHCR, IOM, and other relevant stakeholders, and information from Union Agencies. If an assessment of pressure on the asylum and reception system has taken place under Regulation (EU) XXX/XXX [Asylum and Migration Management] and a risk of pressure has been established, the Commission should take the assessment into account and needs to consult only those sources necessary to update the existing information. To ensure transparency, accountability, and access to available information, the European Parliament should be invited to participate in the ‘Network’ as referred to in the Mitigation Preparedness and Crisis Blueprint.

_________________

Or. en

Amendment 263

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The Commission should assess a situation of crisis either by notification of the Member State concerned or on the basis of available information. The assessment should take 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].

_________________

Or. en

Amendment 264

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The Commission and the European Parliament should assess a situation of emergency taking into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] as well as reports by UNHCR, IOM, and evidence-based factual reports from other organisations.

_________________

Or. en

Amendment 265

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The Commission should examine a reasoned request submitted by one 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].

_________________

Or. en

Amendment 266

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The Council 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].

_________________

Or. en

Amendment 267

Damian Boeselager

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

(20a) The initiative to request an assessment of a situation of emergency can be taken by the Commission, the Member State in a situation of emergency, the Council or the European Parliament. The Commission should take into account requests for examining a possible situation of emergency from these institutional actors, as they all have a common responsibility to balance efforts, responsibility and solidarity within the Union, and between the Member States, as well as timely respond to a situation of emergency at an early stage in an effective and fair manner.

Or. en

Amendment 268

Damian Boeselager

Proposal for a regulation

Recital 20 b (new)

Text proposed by the Commission

Amendment

(20b) When assessing whether a Member State is in a situation of emergency, the Commission, based on detailed assessment, should take account of specific and measurable factors, including the number of asylum applicants, the reception capacity, the child-protection capacity, and the integration capacity of the Member State concerned.

Or. en

Amendment 269

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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.

deleted

Or. en

Amendment 270

Damian Boeselager

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 271

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 272

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 as long as needed.

Or. en

Amendment 273

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 Council, 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.

Or. en

Amendment 274

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 if the crisis situation has not been resolved.

Or. en

Amendment 275

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 until the Member State concerned is no longer under the situation of crisis.

Or. en

Amendment 276

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) For the same reasons, the Commission should 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.

deleted

Or. en

Amendment 277

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 278

Damian Boeselager

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 279

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) For the same reasons, the Member States can apply derogatory rules as regards the registration deadline.

Or. en

Amendment 280

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) For the same reasons, the Council, 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.

Or. en

Amendment 281

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) For the same reasons, the Commission should authorise the application of derogatory rules as regards the registration deadline for a period not exceeding 12 weeks, which should be renewable upon a request submitted by the Member State concerned.

Or. en

Amendment 282

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) For the same reasons, the Commission should authorise the application of derogatory rules as regards the registration deadline for a period not exceeding five 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.

Or. en

Amendment 283

Damian Boeselager

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

(22a) The solidarity mechanism should ensure a fair sharing of responsibility and a balance of efforts between Member States. When Member States are confronted with a situation of emergency, they should receive swift support from other Member States through a fast, fair, and efficient relocation mechanism. To ensure a swift response, the procedure for determining responsibility in Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] should be simplified and a light procedure which would allow for the transfer of applicants that are likely to meet the relevant criteria set out in the Regulation (EU) XXX/XXX [Asylum and Migration Management] should apply. Where no meaningful links to a Member State can be determined, relocation shall be mandatory and automatic, taking into account the preferences of an applicant or beneficiary, in order to improve integration prospects.

Or. en

Amendment 284

Damian Boeselager

Proposal for a regulation

Recital 22 b (new)

Text proposed by the Commission

Amendment

(22b) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, and in view of optimising all relocation efforts, an EU Relocation Coordinator should be appointed by the Commission. The EU Relocation Coordinator should be tasked with monitoring and coordinating the operational aspects of relocations, should act as a central point of contact and information and should assist in solving conflicts arising between Member States in the implementation of this Regulation. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. The EU Relocation Coordinator should, in particular, endeavour to prioritise persons in a vulnerable situation, in particular unaccompanied minors, and beneficiaries of prima facie international protection in relocations. The office of the Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.

Or. en

Amendment 285

Damian Boeselager

Proposal for a regulation

Recital 22 c (new)

Text proposed by the Commission

Amendment

(22c) A reference key based on the size of the population and of the economy of the Member States, as well as the number of asylum applications processed and refugees resettled or admitted per capita should be applied as a point of reference for the operation of the solidarity mechanism in a situation of emergency, enabling the determination of the contribution of each Member State. This reference key should also be applied where no Member State can be identified as responsible for an asylum claim or for the beneficiary, on the basis of the criteria set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] and through the light procedure described in this Regulation. The Commission shall consult the EU Relocation Coordinator and the Asylum Agency when setting up this mechanism.

Or. en

Amendment 286

Damian Boeselager

Proposal for a regulation

Recital 22 d (new)

Text proposed by the Commission

Amendment

(22d) When no other Member State can be identified as responsible for an asylum application, the applicants who lodged their applications or for the beneficiary in the determining Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States, taking into account the applicants’ preferences.

Or. en

Amendment 287

Damian Boeselager

Proposal for a regulation

Recital 22 e (new)

Text proposed by the Commission

Amendment

(22e) A Member State should also be able to relocate applicants and beneficiaries, at its own initiative or at the request of another Member State in a situation of emergency, on a voluntary basis to assist that Member State in responding to the situation.

Or. en

Amendment 288

Damian Boeselager

Proposal for a regulation

Recital 22 f (new)

Text proposed by the Commission

Amendment

(22f) A Member State in an emergency situation, upon request, should also receive support from the solidarity pool as referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management].

Or. en

Amendment 289

Damian Boeselager

Proposal for a regulation

Recital 22 g (new)

Text proposed by the Commission

Amendment

(22g) Considering the crucial role played by local and regional authorities in the field of relocation and integration, Member States should ensure that those local authorities, which so wish, can participate in the relocation process. Member States should take into account the relocation support offered by cities and regions, as relocation and integration relies mainly on the actors at local level; they are therefore key actors in the achievement of meaningful solidarity and successful relocation trajectories. Where Member States receive financial support for relocation, they should ensure that local and regional authorities supporting the relocation process benefit from this financial support.

Or. en

Justification

Since 2015, thousands of municipalities have declared themselves as cities of refuge or safe harbours, and expressed their will to welcome refugees and asylum-seekers trapped at the external borders. It is important that the role and will of municipalities to support solidarity efforts at EU level is reflected in the Pact proposals. Therefore, the Shadow proposes a number of recitals and additions to the Articles that will strengthen the role of willing municipalities, by enhancing their role in relocation efforts and seeking to ensure that they receive financial incentives.

Amendment 290

Damian Boeselager

Proposal for a regulation

Recital 22 h (new)

Text proposed by the Commission

Amendment

(22h) In order to ensure that procedures are efficient and allow applicants to receive a prompt decision on their application for international protection in a situation of emergency, applications for which the ground for granting international protection such as race, religion, nationality, political opinion or membership of a particular social group is apparent should be prioritised by granting these applicants prima facie international protection. Granting prima facie international protection is necessary in particular since, in a situation of emergency, individual status determination is often impractical, impossible or unnecessary.

Or. en

Amendment 291

Damian Boeselager

Proposal for a regulation

Recital 22 i (new)

Text proposed by the Commission

Amendment

(22i) Member States should ensure that beneficiaries of prima facie international protection benefit from refugee status in the country where such recognition is made and have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to refugees.

Or. en

Amendment 292

Damian Boeselager

Proposal for a regulation

Recital 22 j (new)

Text proposed by the Commission

Amendment

(22j) The situation of third-country nationals or stateless persons fleeing climate change should also be taken into account, where appropriate, in the determination of the specific groups of applicants eligible for being granted prima facie international protection.

Or. en

Amendment 293

Nadine Morano

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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.

deleted

Or. fr

Amendment 294

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 295

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 296

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

Or. en

Amendment 297

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) Member States 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.

Or. en

Amendment 298

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

Or. en

Amendment 299

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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, Member 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.

Or. en

Amendment 300

Damian Boeselager

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In a situation of emergency, Member States should grant an immediate protection status to applicants who are not eligible for prima facie international protection and who are fleeing areas of armed conflict or endemic or indiscriminate violence, who are at serious risk of, or who have been victims of systematic or generalised violations of their human rights, who are fleeing an environmental disaster that resulted in a substantial disruption of living conditions, or to rejected applicants who are unable to return safely and for whom no other durable solutions are available.

Or. en

Amendment 301

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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, those persons should be given a temporary right to remain until their applications for international protection is examined, at the latest within one year from the suspension.

Or. en

Amendment 302

Nadine Morano

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) Persons granted immediate protection should continue to be considered as applicants for international protection, in view of their pending application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management].

deleted

Or. fr

Amendment 303

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 304

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 305

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 306

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 307

Damian Boeselager

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) Persons granted immediate protection with a pending application should continue to be considered as applicants for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management], and their status should be without prejudice to recognition of refugee status under the Geneva Convention in the relevant Member State.

Or. en

Amendment 308

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) Persons granted temporary right to remain should continue to be considered as applicants for international protection, in view of their pending application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management].

Or. en

Amendment 309

Nadine Morano

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Member States should ensure that beneficiaries of immediate protection status have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable and equivalent to those enjoyed by beneficiaries of subsidiary protection.

deleted

Or. fr

Amendment 310

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 311

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 312

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 313

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Member States should ensure that beneficiaries of immediate protection status have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation].

Or. en

Amendment 314

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Member States should ensure that those persons given a temporary right to remain have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable.

Or. en

Amendment 315

Damian Boeselager

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Member States should grant beneficiaries of immediate protection status effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable and equivalent to those enjoyed by beneficiaries of subsidiary protection.

Or. en

Amendment 316

Nadine Morano

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(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 procedures.

deleted

Or. fr

Amendment 317

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 318

Damian Boeselager

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 319

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 320

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 321

Elissavet Vozemberg-Vrionidi, Jeroen Lenaers, Tomas Tobé, Lena Düpont, Loucas Fourlas

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 322

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) In order to carry out a proper assessment of applications for international protection submitted by beneficiaries of immediate protection, the asylum procedures should not be suspended.

Or. en

Amendment 323

Damian Boeselager

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

(26a) The immediate protection status should be a temporary measure which should provide protection for a minimum of 6 months and for no longer than one year, after which Member States should ensure that more durable solutions are available.

Or. en

Amendment 324

Damian Boeselager

Proposal for a regulation

Recital 26 b (new)

Text proposed by the Commission

Amendment

(26b) Member States should ensure that persons granted prima facie international protection or immediate protection receive a document, in a language they can be reasonably expected to understand, which clearly sets out the provisions relating to their status and which are relevant to them.

Or. en

Amendment 325

Damian Boeselager

Proposal for a regulation

Recital 26 c (new)

Text proposed by the Commission

Amendment

(26c) In times of emergency, Member States should also take into consideration granting autonomous residence permits or other national authorisations offering a right to stay for compassionate, humanitarian or other reasons to a third-country national entering or staying irregularly on their territory.

Or. en

Justification

In order to alleviate the pressure on the Member State in times of emergency and provide access to asylum and services for asylum-seekers, migrants and refugees, Member States should have the possibility and be encouraged to grant residence permits or other forms of authorisations on the right to stay for compassionate, humanitarian or other grounds under national law.

Amendment 326

Nadine Morano

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Since the adoption of Council Directive 2001/55/EC25, the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

deleted

_________________

25 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).

Or. fr

Amendment 327

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

deleted

_________________

Or. en

Amendment 328

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

deleted

_________________

Or. en

Amendment 329

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

(27) Since the adoption of Council Directive 2001/55/EC25, the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in situations of crisis to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should apply in parallel to this regulation.

_________________

Or. en

Amendment 330

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting temporary right to remain in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should apply parallel to this Regulation.

_________________

Or. en

Amendment 331

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting prima facie international protection status in situations of emergency to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

_________________

Or. en

Amendment 332

Damian Boeselager

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection status in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting prima facie international protection and immediate protection status, in a situation of emergency to displaced persons from third countries or stateless persons who are unable to return to their country of origin, Directive 2001/55/EC should be repealed.

_________________

Or. en

Amendment 333

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

(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].

Or. en

Amendment 334

Emmanouil Fragkos, Beata Kempa

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

(27a) As the European way of life implies a set of democratic values and cultural perceptions, third country nationals cannot automatically be considered an integral part of European societies.

Or. en

Amendment 335

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 27 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 336

Emmanouil Fragkos, Jorge Buxadé Villalba, Beata Kempa

Proposal for a regulation

Recital 27 b (new)

Text proposed by the Commission

Amendment

(27b) The Commission should support the creation of spatially-defined pockets in any willing EU or third country, within which temporary residence may be provided for beneficiaries of asylum status.

Or. en

Amendment 337

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 27 c (new)

Text proposed by the Commission

Amendment

(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].

Or. en

Amendment 338

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 27 d (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 339

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 27 e (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 340

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(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.

deleted

Or. en

Amendment 341

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 342

Damian Boeselager

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 343

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

Or. en

Amendment 344

Emmanouil Fragkos, Jorge Buxadé Villalba

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission

Amendment

(28a) The Commission should agree with third countries, in particular near potential crisis regions, which can offer protection to asylum seekers, in order for them to avoid the multiple risks posed by intercontinental travel.

Or. en

Amendment 345

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission

Amendment

(28a) Directive XXX/XXX/EU [Reception Conditions Directive recast] of the European Parliament and of the Council should apply to all procedures regulated under this Regulation.

Or. en

Amendment 346

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

deleted

Or. en

Amendment 347

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 348

Damian Boeselager

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 349

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 350

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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]. In these cases, applications for international protection should be registered by that Member State at the latest four weeks from when they are made.

Or. en

Amendment 351

Damian Boeselager

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In such situations of force majeure, the Member State concerned should 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.

deleted

Or. en

Amendment 352

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 353

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 354

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) Member States intending to apply derogations should notify the other Member States and the Commission of their intention to apply derogations from those time limits, as well as the reasons for their intended application, as well as the period of time during which they will be applied.

Or. en

Amendment 355

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In such situations of force majeure, the Member State concerned may 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.

Or. en

Amendment 356

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) In situations of force majeure, which render it impossible for a Member State to comply with the obligation to undertake solidarity measures within the timeframes established in the Regulation (EU) XXX/XXX [Asylum and Migration Management] and this Regulation, it should be possible for that Member State to notify the Commission and the other Member States of the precise reasons for which it considers that it is facing such a situation and extend the timeframe for undertaking solidarity measures.

deleted

Or. en

Amendment 357

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 358

Damian Boeselager

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 359

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 360

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

Or. en

Amendment 361

Damian Boeselager

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) Where a Member State is no longer facing a situation of force majeure, it should, as soon as possible, 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.

deleted

Or. en

Amendment 362

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 363

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 364

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner, Ondřej Kovařík

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 365

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) Where a Member State is no longer facing a situation of force majeure, it 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.

Or. en

Amendment 366

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) To support Member States who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

deleted

Or. en

Amendment 367

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) To support Member States who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

deleted

Or. en

Amendment 368

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) To support Member States who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

(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)

Or. en

Amendment 369

Damian Boeselager

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) To support Member States who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

(33) Where a Member State in a situation of emergency is in need of financial, technical and capacity support in the field of asylum and reception, adequate support should be provided immediately to the Member State concerned, as well as to its national, regional, and local authorities, by the relevant EU Agencies acting within their respective mandates and available EU emergency funding should be used to its full potential. Any such support provided pursuant to this Regulation shall be complementary and additional to existing EU support, including support by EU Agencies and through EU funding.

Or. en

Amendment 370

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) To support Member States who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

(33) To support Member States as well as regional and local authorities who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

Or. en

Amendment 371

Nadine Morano

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) To support Member States who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

(33) To support Member States who voluntarily undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

Or. fr

Amendment 372

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) To support Member States who undertake relocation as a solidarity measure, financial support from the EU budget should be provided.

(33) To support Member States who undertake any solidarity measure, financial support from the EU budget should be provided.

Or. en

Amendment 373

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 33 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 374

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 33 a (new)

Text proposed by the Commission

Amendment

(33a) The Member State facing the situation of emergency in the field of asylum should be provided upon request with financial, technical and capacity support by the Asylum Agency and additional emergency funding, that should be complementary and additional to existing funding and support. Such funding should include funding for search and rescue operations. Additional emergency funding should be conditional upon the compliance of the Member state with fundamental rights of third country nationals.

Or. en

Amendment 375

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 33 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 376

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 33 c (new)

Text proposed by the Commission

Amendment

(33c) In view of coordinating and optimising the crisis measures provided for in this Regulation, an EU Crisis Coordinator, to be appointed by the Commission, should coordinate and assist with their implementation. The EU Crisis Coordinator should, in particular, create a culture of preparedness and resilience among Member States. When this Regulation is in effect, the EU Crisis Coordinator should be provided with extra powers to coordinate, in cooperation with the Commission and the EU Agencies, the crisis measures under this Regulation. The EU Crisis Coordinator should promote coherent working methods for the verification of any meaningful links with certain Member States for persons eligible for relocation, as well as for identifying and coordinating the added value that Member States can provide in the return crisis management procedure.

Or. en

Amendment 377

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 33 d (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 378

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 33 e (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 379

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 .

deleted

_________________

26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers, (OJ L 55, 28.2.2011, p. 13).

Or. en

Amendment 380

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 381

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 382

Damian Boeselager

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) In order to allow for the necessary adaptation of the rules on asylum procedures as well as those on solidarity, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the establishment of the decision on a situation of emergency, including when the situation begins and ends, relocation contributions in a situation of emergency, establishment or amendment of the solidarity pool, and definition of categories eligible for prima facie international protection and immediate protection status. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

_________________

1a Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, (OJ L 123, 12.5.2016, p. 1).

Or. en

Amendment 383

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission regarding the establishment of the decision on a situation of emergency, and definition of categories eligible for prima facie international protection. In accordance with the principles laid down in the Interinstitutional agreement of 13 April 2016 on Better Law Making, the European Parliament should be equally involved as the Council in the preparation of delegated acts and have the same access to meetings and documents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 .

_________________

Or. en

Amendment 384

Nadine Morano

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(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.

deleted

Or. fr

Amendment 385

Damian Boeselager

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 386

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 387

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 388

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 389

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(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 determining a necessity for Member States to apply simplified and accelerated procedures.

Or. en

Amendment 390

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 391

Emmanouil Fragkos, Beata Kempa

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

Or. en

Amendment 392

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of crisis present in Member States.

deleted

Or. en

Amendment 393

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of crisis present in Member States.

deleted

Or. en

Amendment 394

Damian Boeselager

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of crisis present in Member States.

(36) The Commission should adopt immediately applicable delegated acts in duly justified imperative grounds of urgency due to a situation of emergency present in the Member State concerned.

Or. en

Amendment 395

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 36 a (new)

Text proposed by the Commission

Amendment

(36a) Bearing in mind the importance of identifying infringements of EU asylum acquis at the earliest stage possible, the Commission should monitor on a constant basis potential infringements, and report yearly on the implementation of EU asylum acquis in each Member State. The Commission should initiate infringement procedures in case of non compliance. In times of emergency, particular attention should be paid to the access to the asylum procedure on EU's territory as well as at the EU's external borders, the fulfilment of relocations obligations by other Member States as well as the compliance with the Receptions Conditions Directive.

Or. en

Amendment 396

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(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 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.

(37) This Regulation respects fundamental rights and principles, in particular respect for human dignity, the right to life, the prohibition of torture and inhuman or degrading treatment or punishment.

Or. en

Amendment 397

Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Jaak Madison, Laura Huhtasaari, Harald Vilimsky

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, including 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.

Or. en

Amendment 398

Damian Boeselager

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) This Regulation respects the fundamental rights guaranteed under EU and international law, including the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of 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.

Or. en

Amendment 399

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Jan-Christoph Oetjen, Sophia in 't Veld, Abir Al-Sahlani, Olivier Chastel, Moritz Körner

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 400

Konstantinos Arvanitis, Cornelia Ernst, Pernando Barrena Arza, Malin Björk, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

Proposal for a regulation

Recital 37 a (new)

Text proposed by the Commission

Amendment

(37a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.

Or. en

Amendment 401

Damian Boeselager

Proposal for a regulation

Recital 37 a (new)

Text proposed by the Commission

Amendment

Or. en