Sittings · Document

Draft opinion (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_LegOpinion

Amendment 402

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

Chapter I – title

Text proposed by the Commission

Amendment

I General provisions

I General and procedural provisions

Or. en

Amendment 403

Damian Boeselager

Proposal for a regulation

Article 1 – title

Text proposed by the Commission

Amendment

1 Subject matter

1 Aim and subject matter

Or. en

Amendment 404

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

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation addresses situations of crisis and force majeure in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and (EU) XXX/XXX [Asylum Procedures Regulation] and in Directive XXX [recast Return Directive].

1. This Regulation addresses situations of crisis in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management], (EU) XXX/XXX [Asylum Procedures Regulation], Regulation (EU) XXX/XXX [Screening Regulation] and in Directive XXX [recast Return Directive]. This Regulation establishes a crisis response mechanism, aiming at alleviating pressure for Member States facing a situation of crisis, while protecting the rights of applicants and beneficiaries of international protection, including their access to relevant procedures and to adequate reception conditions in a situation of crisis.

Or. en

Amendment 405

Damian Boeselager

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation addresses a situation of emergency in the field of asylum within the Union and provides for specific temporary rules.

Or. en

Amendment 406

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

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 407

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

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation addresses situations of emergency in the field of asylum within the Union and provides for specific rules in such situations. Its aim is to support Member States in such situations by sharing responsibility among Member States and simplifying procedures for international protection and relocation.

Or. en

Amendment 408

Jorge Buxadé Villalba

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation addresses the extraordinary regulation of situations of crisis and force majeure in the field of immigration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and (EU) XXX/XXX [Asylum Procedures Regulation] and in Directive XXX [recast Return Directive].

Or. es

Amendment 409

Damian Boeselager

Proposal for a regulation

Article 1 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

This Regulation establishes an emergency response mechanism, aiming at alleviating pressure for Member States facing a situation of emergency, ensuring fair sharing of responsibility and protecting and enhancing the rights of applicants for and beneficiaries of international protection and other forms of protection, including access to asylum procedures and adequate reception conditions.

Or. en

Amendment 410

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Upon the request of a Member State, the European Council may declare that a Member State is confronted with a situation of crisis and set out the exact range of measures to be applied in such situation.

Or. en

Amendment 411

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

Proposal for a regulation

Article 1 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. For the purposes of this Regulation, a situation of crisis is to be understood as:

2. For the purposes of this Regulation, a situation of emergency is to be understood as an exceptional situation that entails a considerable number of people arriving over an international border, a rapid rate of arrival, inadequate absorption or response capacity in a Member State, particularly during the emergency and individual asylum procedures which are unable to deal with the assessment of such large numbers.

Or. en

Justification

This definition is taken from the Executive Committee of the High Commissioner’s Programme, Conclusion on International Cooperation and Burden and Responsibility Sharing in Mass Influx Situations No. 100 (LV) - 2004, 8 October 2004, No. 100 (LV), available at: https://www.refworld.org/docid/41751fd82.html

Amendment 412

Damian Boeselager

Proposal for a regulation

Article 1 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. For the purposes of this Regulation, a situation of crisis is to be understood as:

2. The measures in this Regulation shall be applied only to the extent strictly required by the exigencies of the situation, in a temporary and limited manner and only in exceptional circumstances.

Or. en

Justification

In order to delineate the application of ‘emergency situation’ and ensure that it is only applied when needed, the Shadow decided to include the following clause which is based on the ECHR definition of ‘emergency situation’.

Amendment 413

Damian Boeselager

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operations, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or

deleted

Or. en

Amendment 414

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operations carried out by public authorities, being of such a scale, and nature, that it renders the Member State’s asylum, reception or return system non-functional both at national or local level and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], the well being of the resident population or national security, or

Or. en

Amendment 415

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

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State by land or by sea, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders a demonstrably well-prepared Member State’s asylum, reception or return system non-functional, in particular by that Member State receiving more applications for international protection than what is determined as the minimum crisis capacity for that Member State under this Regulation, leading to serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or

Or. en

Amendment 416

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

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operations, being of such a scale and nature, that it renders the Member State’s asylum, reception or return system non-functional, and the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] is not sufficient to address the situation, which can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or

Or. en

Amendment 417

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

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation, where a large number of third-country nationals or stateless persons arrives irregularly at the external border of a Member State and requests to enter, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or

Or. en

Amendment 418

Jorge Buxadé Villalba

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving in or disembarking on the territory of a Member State illegally, being of such a scale, in proportion to the population and GDP of the Member State concerned and the number of registered illegal arrivals in the year immediately prior to that one, and nature, that it renders the Member State’s regular asylum, reception or return system at local, regional and/or national level non-functional and can have serious consequences for the functioning of the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or

Or. es

Amendment 419

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving illegally in a Member State, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or

Or. en

Amendment 420

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or

Or. en

Amendment 421

Laura Ferrara

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operations, being of such a scale, in proportion to the population, GDP and unemployment rate of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or

Or. it

Amendment 422

Ondřej Kovařík, Malik Azmani

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving on the territory of a Member State compared to the overall situation in the Union the mass influx is of a nature, that it renders the well-prepared asylum, reception and return system non-functional and can have serious consequences for the functioning the Common European Asylum System, or

Or. en

Amendment 423

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

Proposal for a regulation

Article 1 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

(a a) Force majeure is to be understood as an unavoidable situation of crisis, where an irresistible force beyond the control of a Member State occurs, making it pragmatically impossible for this Member State to perform its obligations under Union asylum and migration law.

Or. en

Amendment 424

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

on behalf of the ECR Group

Proposal for a regulation

Article 1 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) an imminent risk of such a situation.

deleted

Or. pl

Amendment 425

Damian Boeselager

Proposal for a regulation

Article 1 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) an imminent risk of such a situation.

deleted

Or. en

Amendment 426

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

Proposal for a regulation

Article 1 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) an imminent risk of such a situation.

deleted

Or. en

Amendment 427

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

Proposal for a regulation

Article 1 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) an imminent risk of such a situation.

(b) an imminent risk of such a situation which cannot be diminished by external dimension policies within the Union’s asylum and migration framework, including through the EU Migration Preparedness and Crisis Blueprint9a or before entry of the persons referred to in point (a).

_________________

9a 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 428

Ondřej Kovařík, Malik Azmani

Proposal for a regulation

Article 1 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) an imminent risk of such a situation.

(b) an imminent risk of such a situation which cannot be diminished by immediate actions in the external dimension or before entry of those persons.

Or. en

Amendment 429

Damian Boeselager

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Temporary measures adopted pursuant to this Regulation shall meet the requirements of necessity and proportionality, shall be appropriate to achieving their stated aims and shall be without prejudice to the obligations of the Member States' under the Charter of the Fundamental Rights of the European Union, international law and the EU asylum acquis. Such measures shall be consistent with the Member States obligations under international law and the EU asylum acquis, namely a full and individual examination of the circumstances surrounding an applicant’s need of protection.

Or. en

Amendment 430

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

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. This Regulation does not apply when either the Commission or the Council has taken a decision that finds that a third country is engaging in hybrid warfare against the Union by employing migration as a weapon in order to destabilise a Member State or the Union.

Or. en

Amendment 431

Damian Boeselager

Proposal for a regulation

Article 1 a (new)

Text proposed by the Commission

Amendment

Article 1 a

Definitions

For the purposes of this Regulation, the following definitions apply:

(a) ‘a situation of emergency’ means an exceptional situation characterised by a sudden arrival of third-country nationals or stateless persons on such a scale, in proportion to the population, GDP, and reception capacity of the Member State concerned, and of such an impact, that it gives rise to wide-ranging and severe humanitarian, social, or economic consequences in one or more Member States. The situation of emergency is of such nature that it renders the Member State’s asylum, reception, integration, or child-protection systems non-functional, and makes the functioning of the Common European Asylum System impossible.

(b) ‘prima facie international protection’ means the recognition by a Member State of refugee status in accordance with Regulation (EU) XXX/XXX [Qualification Regulation] on the basis of readily apparent, objective circumstances in the country of origin or former habitual residence, or a specific part of it, or with regard to a specific group of applicants. Holders of prima facie protection status shall be considered as persons in a vulnerable situation;

(c) ‘immediate protection’ means a procedure of exceptional character to provide, in the event of a situation of emergency as referred to in [subparagraph (a)] of this Article, immediate and temporary protection to applicants for international protection who are not eligible for prima facie international protection and are facing a high degree of risk, particularly those who are fleeing areas of armed conflict or endemic or indiscriminate violence, applicants who are at serious risk of, or who have been victims of systematic or generalised violations of their human rights, or applicants who are fleeing an environmental disaster that resulted in a substantial disruption of living conditions, or to rejected applicants who are unable to safely return to their country of origin or former habitual residence.

Or. en

Justification

The Shadow believes that along with economic factors that determine a situation of emergency, humanitarian and social factors (for instance, overcrowded camps and undignified reception conditions) should be also included.

Amendment 432

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

Proposal for a regulation

Article 1 a (new)

Text proposed by the Commission

Amendment

Article 1 a

Annual determination of minimum crisis capacity

1. In order to establish what constitutes a demonstrably well-prepared asylum, reception or return system as referred to in Article 1(2)(a), the Commission shall, by means of an implementing act, establish annually the minimum crisis capacity for the Member States.

The Commission shall do so upon adopting the Migration Management Report referred to in Article 6(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management].

2. In determining the minimum crisis capacity of each Member State, the Commission shall base its assessment on the elements listed in Article 6(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management].

Or. en

Amendment 433

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

Article 1 b (new)

Text proposed by the Commission

Amendment

Article 1 b

Criteria and procedural provisions

1. Where a Member State considers that it is facing a situation of crisis, it shall submit a reasoned request to the Commission to apply the measures laid down in this Regulation. Where the minimum crisis capacity of a Member State is exceeded, the Commission may propose to the Council to submit such a reasoned request.

2. Where, on the basis of the examination carried out in accordance with paragraph 5, the Commission considers such a request justified, it shall, by means of an implementing decision, determine that the Member State concerned is in a situation of crisis.

3. The decision referred to in paragraph 2 shall be adopted within ten days from the request in accordance with procedure referred to in Article 2(4) and Article 11.

4. In the decision referred to in paragraph 2, the Commission shall adopt one or more of the following crisis measures:

(a) provide for the measures that the Member State concerned should take in the field of migration management and asylum;

(b) authorise the Member State concerned to apply the derogatory rules laid down in Articles 2, 3a, 3b, 4, 5, 5a, or 5b of this Regulation;

(c) authorise the EU agencies to prioritise their operational and technical support to the Member State concerned, including by initiating the deployment of their tasks in accordance with Article 9c and Article 9d;

(d) oblige Member States to apply simplified and accelerated procedures in certain cases in accordance with Article 10;

(e) allocate financial support for any crisis measure adopted under this Regulation in accordance with Article 9e;

(f) inform the EU Crisis Coordinator of its findings and provide for initial instructions.

5. The Commission shall examine the reasoned request pursuant to the elements listed in Article 50(3) and Article 50(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management].

Or. en

Amendment 434

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

Proposal for a regulation

Chapter II – title

Text proposed by the Commission

Amendment

II Solidarity mechanism

II Determination of the situation of emergency

Or. en

Amendment 435

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

Chapter II – title

Text proposed by the Commission

Amendment

II Solidarity mechanism

II Solidarity and asylum and return procedures in a situation of crisis

Or. en

Amendment 436

Damian Boeselager

Proposal for a regulation

Chapter II – title

Text proposed by the Commission

Amendment

II Solidarity mechanism

II Governance Mechanism in a Situation of Emergency

Or. en

Amendment 437

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Chapter II – title

Text proposed by the Commission

Amendment

II Solidarity mechanism

II Voluntary contribution mechanism

Or. en

Amendment 438

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

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

Article 2

deleted

Solidarity in situations of crisis

1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.

2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one] month.

3. By way of derogation from Articles 51(1), 52(3) and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadlines set in those provisions shall be shortened to one week.

4. By way of derogation from Article 51(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management] the report referred to therein shall indicate whether the Member State concerned is in a situation of crisis as defined in Article 1(2)(a) of this Regulation.

5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2).

6. By way of derogation from Article 54 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the share calculated in accordance with the formula set out in that Article shall also apply to measures set out in Article 45(2), points (a) and (b) of that Regulation.

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.

Or. en

Amendment 439

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

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

Article 2

deleted

Solidarity in situations of crisis

2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one] month.

3. By way of derogation from Articles 51(1), 52(3) and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadlines set in those provisions shall be shortened to one week.

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.

Or. en

Amendment 440

Damian Boeselager

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

Article 2

deleted

Solidarity in situations of crisis

2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one] month.

3. By way of derogation from Articles 51(1), 52(3) and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadlines set in those provisions shall be shortened to one week.

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.

Or. en

Amendment 441

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 2 – title

Text proposed by the Commission

Amendment

Solidarity in situations of crisis

Voluntary contributions in situations of crisis

Or. en

Amendment 442

Laura Ferrara

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), points (b) and (d), Article 46, Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.

Or. it

Amendment 443

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis. The form of solidarity contributions should be based on the free choice of each contributing Member State, tailored to their individual capabilities and taking into account their national specificities.

Or. en

Amendment 444

Ondřej Kovařík, Malik Azmani

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations where measures according to Chapter III of this Regulation are not sufficient for managing the situation of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 47, Article 48 and Article 49.

Or. en

Amendment 445

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.

Or. en

Amendment 446

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purpose of providing voluntary contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.

Or. en

Amendment 447

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis, solidarity response plans include the establishment of a mandatory relocation mechanism based on specific distribution criteria for each contributing Member State according to the latest available Eurostat data, in particular the size of the population (40% weighting), the total GDP (40% weighting) and the unemployment rate (20% weighting).

Or. en

Amendment 448

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

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one] month.

2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding three months.

Or. en

Amendment 449

Ondřej Kovařík, Malik Azmani

Proposal for a regulation

Article 2 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 450

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

on behalf of the ECR Group

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. pl

Amendment 451

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 452

Ondřej Kovařík, Malik Azmani

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 453

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 454

Laura Ferrara

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

Or. it

Amendment 455

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], mandatory relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2).

Or. en

Amendment 456

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

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

Or. en

Amendment 457

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 2 – paragraph 6

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 458

Ondřej Kovařík, Malik Azmani

Proposal for a regulation

Article 2 – paragraph 6

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 459

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 6

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 460

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

on behalf of the ECR Group

Proposal for a regulation

Article 2 – paragraph 6

Text proposed by the Commission

Amendment

deleted

Or. pl

Amendment 461

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

Proposal for a regulation

Article 2 – paragraph 6

Text proposed by the Commission

Amendment

Or. en

Amendment 462

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 7

Text proposed by the Commission

Amendment

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.

deleted

Or. en

Amendment 463

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 2 – paragraph 7

Text proposed by the Commission

Amendment

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.

deleted

Or. en

Amendment 464

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

Proposal for a regulation

Article 2 – paragraph 7

Text proposed by the Commission

Amendment

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.

deleted

Or. en

Amendment 465

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

on behalf of the ECR Group

Proposal for a regulation

Article 2 – paragraph 7

Text proposed by the Commission

Amendment

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.

deleted

Or. pl

Amendment 466

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 2 – paragraph 7

Text proposed by the Commission

Amendment

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at four months.

7. By way of derogation from Article 55(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management], the deadline set therein shall be set at two months.

Or. en

Amendment 467

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

Proposal for a regulation

Article 2 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. In meeting its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast], the Member State in a situation of crisis shall receive support from the European Union funding, where necessary.

Or. en

Amendment 468

Damian Boeselager

Proposal for a regulation

Article 2 a (new)

Text proposed by the Commission

Amendment

Article 2 a

Assessment of a situation of emergency

1. The Commission shall assess whether a Member State is in a situation of emergency in any of the following cases:

(a) the Member State has submitted a reasoned detailed request to the Commission that it considers itself to be in a situation of emergency, laying out the humanitarian, social or economic consequences it faces, and a description of how the asylum, reception, integration or child-protection systems are non-functional;

(b) on the basis of available information from EU agencies, international organisations, and other relevant stakeholders, the Commission considers that the Member State may be in a situation of emergency; or

(c) on the basis of available information from EU agencies, international organisations, and other relevant stakeholders, the European Parliament or the Council considers that the Member State is in a situation of emergency.

2. If an assessment of pressure on the asylum and reception system has taken place in the previous month under Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] and a risk of pressure has been established, the Commission shall take the assessment into account and needs to consult only those sources necessary to update the existing information.

3. When assessing whether a Member State is in a situation of emergency, the Commission, in cooperation with the Member State concerned, shall consult the Asylum Agency, the European Border and Coast Guard Agency, and the Fundamental Rights Agency, as well as International Organisations, in particular, UNHCR and IOM, and relevant independent stakeholders including civil society organisations working on the ground. The Commission shall also take into account the information gathered pursuant to the Migration Preparedness and Crisis Blueprint and the Asylum Situation Report referred to in Article 6(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management].

4. The Commission shall immediately notify the European Parliament, the Council and the Member States that it is undertaking such an assessment.

5. An assessment of a situation of emergency as referred to in paragraph 1 shall cover the current situation in the Member State concerned based on the most recent information available, compared to the overall situation in the Union, and shall take into account, in particular, the following elements:

(a) the asylum, reception, child-protection, or integration capacity of the Member State concerned, including gaps therein, and the consequent needs;

(b) the total number of applications for international protection by stateless persons and third country nationals and the nationality of the applicants;

(c) the number and nationality of third-country nationals and stateless persons disembarked following search and rescue operations, including the number of applications for international protection;

(d) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border who subsequently lodge an asylum claim;

(e) the number of applicants in a vulnerable situation, including unaccompanied children, and the nature of their special procedural, reception, and medical needs;

(f) the material, operational, human resource, and financial capacities, including gaps therein, and the consequent needs;

(g) the number of incoming and outgoing take charge requests in accordance with Regulation EU (XXX/XXX) [Asylum and Migration Management];

(h) the number of transfers carried out;

(i) the support provided through Union Agencies and the Union budget to the Member State concerned.

6. When assessing a situation of emergency, the Commission shall take into account all the Union sources and reports available, as well quarterly bulletins on migration, and other reports, of the European Union Agency of Fundamental Rights and the information and data from international organisations, civil society organisations, and independent bodies.

Or. en

Amendment 469

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

Proposal for a regulation

Article 2 a (new)

Text proposed by the Commission

Amendment

Article 2 a

Assessment of a situation of emergency

1. The Commission shall assess whether a Member State is in a situation of emergency as defined in Article 1 in any of the following cases:

(a) the Member State has informed the Commission in a detailed request that it considers itself to be in a situation of emergency;

(b) the Commission considers that the Member States may be in a situation of emergency ;

2. When assessing whether a Member State is in a situation of emergency the Commission shall consult the Asylum Agency, the Fundamental Rights Agency as well as international organisations, in particular the Council of Europe Commissioner for Human Rights, UNHCR and IOM, and take into account the information provided to them.

3. The Commission shall consult the Member State concerned during its assessment.

4. The Commission shall immediately notify the European Parliament, the Council and the Member State concerned that it is undertaking such an assessment.

5. An assessment of a situation of emergency shall take into account the following elements:

(a) the number of applications for international protection by third-country nationals and the nationality of the applicants;

(b) the number of unaccompanied minors;

(c) the information provided by the Member State concerned, including concerning its capacity to process the increased requests for international protection, to provide reception to all persons, including to persons with specific procedural and reception needs and unaccompanied minors;

(d) the support provided by the Asylum Agency to the Member state potentially in a situation of emergency.

Or. en

Amendment 470

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 2 a (new)

Text proposed by the Commission

Amendment

Article 2 a

Solidarity for Asylum applications processed in centres in third countries in case of crisis:

1. The European Commission in cooperation with the relevant EU agencies, mainly Frontex and EASO, shall set up asylum processing centres in third countries.

2. Staff serving in those facilities shall be adequately trained to swiftly process asylum applications in accordance with Union and national law.

3. Applicants that receive a positive decision shall be relocated according to the conditions set out in Article 45 paragraph 2 (a) of Regulation (EU) XXX/XXX [Asylum and Migration Management].

4. Applicants that do not receive a positive decision shall be immediately returned to their country of origins.

Or. en

Amendment 471

Damian Boeselager

Proposal for a regulation

Article 2 b (new)

Text proposed by the Commission

Amendment

Article 2 b

Decision on a situation of emergency

1.The Commission shall adopt a decision on a situation of emergency following the request of an assessment carried out pursuant to Article 2a, no later than two weeks after the notification referred to in Article 2a(4), and shall submit it to the European Parliament and the Council.

2. In its decision, the Commission shall indicate whether the Member State concerned is in a situation of emergency as defined in Article 1a (1) (a) of this Regulation.

3. Where the Commission concludes that the Member State concerned is in a situation of emergency, the decision shall identify:

(a) the asylum, reception, integration and child-protection capacity of the Member State concerned, as well as its overall operational, material, and human resource needs in managing its asylum caseload; and

(b) immediate measures that the Member State concerned shall take to respond to the situation of emergency.

4. Where applicable, the decision shall:

(a) set out the total number and the categories of applicants and beneficiaries of international protection, including beneficiaries of prima facie international protection, to be relocated in accordance with Article 3d, as well as the share of relocations for each Member State calculated in accordance to the reference key set out in Article 3c;

(b) define the specific country of origin or formal habitual residence, or the specific group of applicants in respect of the persons to whom prima facie international protection will apply to;

(c) set out the time period during which immediate protection shall be granted, for a minimum of 6 months and a maximum of one year, and define the specific country of origin or former habitual residence or the specific groups of applicants in respect of the persons for whom immediate protection will apply.

5. The Commission shall adopt the decision on a situation of emergency by means of a delegated act in accordance with Article 12a, 12b and 12c. In exercising its powers to adopt delegated acts, the Commission shall consult the Asylum Agency and the Relocation Coordinator.

Or. en

Justification

Declaring a situation of emergency has significant implications for asylum-seekers and the Member State concerned. As such, it is important to ensure that the European Parliament, as the democratic basis of the European Union, is adequately involved in the procedure. Therefore, the Shadow suggests to use delegated acts instead of implementing acts for the decision on an emergency situation.

Amendment 472

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

Proposal for a regulation

Article 2 b (new)

Text proposed by the Commission

Amendment

Article 2 b

Decision on a situation of emergency

1. The Commission shall adopt a reasoned decision on a situation of emergency following the request for an assessment carried out pursuant to Article 2a, no later than 7 days after the notification, and submit it to the European Parliament and the Council.

2. In its decision to be adopted by means of a delegated act, the Commission shall include:

(a) recommendations to the Member State concerned to improve its reception and processing capacities in order to fulfil its obligations under the EU acquis, including possible additional support from the Asylum Agency, UNHCR and IOM;

(b) the categories of persons to be eligible for the prima facie international protection procedure;

Or. en

Amendment 473

Damian Boeselager

Proposal for a regulation

Article 2 c (new)

Text proposed by the Commission

Amendment

Article 2 c

Emergency Response Plan

1. Within one month of the adoption of a decision on a situation of emergency pursuant to Article 2b(1), the Member State, after consulting the EU Asylum Agency and the EU Relocation Coordinator, shall submit an emergency plan to the Commission, Parliament, and the Council. The plan shall include a detailed analysis of measures needed to respond to and resolve the situation of emergency, and foster future resilience in the Member State concerned, including:

(a) measures to overcome challenges in the functioning of the asylum, reception, child-protection, and integration systems and to address shortcomings in its ability to fulfil its obligations in compliance with EU and international law;

(b) measures to protect the rights of applicants for and beneficiaries of international protection and other forms of protection, including through an effective monitoring mechanism, and the involvement of the Fundamental Rights Agency and fundamental rights officers within the Union Agencies;

(d) where applicable, a request for emergency EU funds to implement the necessary measures;

(e) where applicable, a request for emergency operational support through existing EU instruments.

Or. en

Justification

In order to have a balanced approach between solidarity and responsibility in an emergency situation and in order to prevent a prolonged situation of emergency, the Shadow believes it is important to incentivise a Member State in a situation of emergency to improve its asylum, reception, integration and child-protection systems. The Member State in a situation of emergency will receive support from the Union, but in the meantime should to show that it will take the necessary measure to exit a situation of emergency as soon as possible. Such measures should be described in the emergency response plan.

Amendment 474

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

Proposal for a regulation

Article 2 c (new)

Text proposed by the Commission

Amendment

Article 2 c

End of a situation of emergency

When the Commission assesses that a Member State is no longer in a situation of emergency, the Commission shall adopt a delegated act to determine that the situation of emergency has ended, following the same procedure as for the assessment of the emergency.

Or. en

Amendment 475

Damian Boeselager

Proposal for a regulation

Article 2 d (new)

Text proposed by the Commission

Amendment

Article 2 d

Monitoring the implementation of measures in times of a situation of emergency

1. The provisions of this Regulation shall fall within the scope of the monitoring mechanism established in Regulation (EU) XXX/XXX [Screening Regulation].

2. The EUAA and the Commission shall carry out an evaluation of measures set out in this Regulation every 2 months, in order to assess their necessity, proportionality, effectiveness, and impact on the fundamental rights of asylum-seekers, and the overall Common European Asylum System. The EUAA and the Commission shall present an evaluation report on the main findings to the European Parliament and the Council. The Commission shall, in line with the procedure set out in Article 12a terminate the application of measures in the given Member State immediately, should the evaluation(s) carried out pursuant to paragraph 2 indicate that measures are no longer necessary, proportionate, or have led to the violation of fundamental rights of an applicant.

3. The Commission shall report annually to the European Parliament and the Council on the application of this Regulation. When reporting to the European Parliament and the Council, the Commission shall consider the necessity, proportionality, output, application, and effectiveness of the measures adopted and the procedures set out in the Regulation, the complementarity of this instrument with others, and the impact any adopted measures have on the fundamental rights of asylum-seekers and beneficiaries of international protection, and the overall Common European Asylum System. The annual report should also propose improvements where weaknesses are apparent.

4. A situation of emergency as defined by this Regulation shall not preclude the Asylum Agency from carrying out the monitoring exercise as described in Regulation (EU) 2021/2303 [EUAA].

Or. en

Justification

Considering that a situation of emergency has heavy implications for the Member State concerned, the Union as a whole, and the asylum-seeker, it is important that measures in this Regulation are evaluated on a regular basis.

Amendment 476

Damian Boeselager

Proposal for a regulation

Article 2 e (new)

Text proposed by the Commission

Amendment

Article 2 e

End of a situation of emergency

When the Commission considers that, on the basis of the criteria listed in Article 2a, a Member State is no longer in a situation of emergency, or when it considers, as part of the evaluation, that the temporary measures are no longer necessary or proportionate as referred to in Article 2d(2), the Commission shall adopt a delegated act in accordance with Article 12a to determine that the situation of crisis in a Member State has ended.

Or. en

Amendment 477

Damian Boeselager

Proposal for a regulation

Chapter III – title

Text proposed by the Commission

Amendment

III Asylum and return procedures in a situation of crisis

III Responsibility-sharing and solidarity mechanism in a situation of emergency

Or. en

Amendment 478

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

Proposal for a regulation

Chapter III – title

Text proposed by the Commission

Amendment

III Asylum and return procedures in a situation of crisis

III Asylum responsibility-sharing and solidarity in a situation of emergency

Or. en

Amendment 479

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

Proposal for a regulation

Chapter III – title

Text proposed by the Commission

Amendment

III Asylum and return procedures in a situation of crisis

III deleted

Or. en

Amendment 480

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

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 481

Damian Boeselager

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 482

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

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 483

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

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State shall submit a reasoned request to the Commission for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.

1. Where a Member State considers that it is facing situation of crisis as referred to in Article 1(2), that Member State shall without delay notify the Commission, the European Parliament and the Council for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.

Or. en

Amendment 484

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

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State may apply the rules laid down in Articles 4, 5 or 6 as necessary.

Or. en

Amendment 485

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State shall submit a reasoned notification to the Commission for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.

Or. en

Amendment 486

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State shall submit a reasoned request to the Council for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.

(This amendment applies throughout Article 3)

Or. en

Amendment 487

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. Where, on the basis of the examination carried out in accordance with paragraph 8, the Commission considers such a request justified, it shall, by means of an implementing decision, authorise the Member State concerned to apply the derogatory rules laid down in Articles 4, 5 or 6.

deleted

Or. en

Amendment 488

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

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 489

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

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. Where, on the basis of the examination carried out in accordance with paragraph 8, the Commission considers that the affected Member State is confronted with a situation of crisis, it shall, by means of an implementing decision, authorise the Member State concerned to apply the derogatory rules laid down in Articles 4, 5 or 6.

Or. en

Amendment 490

Jorge Buxadé Villalba

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. Once the Member State’s request has been received, and unless the Commission provides sufficient evidence to indicate that the request is unjustified, the Member State concerned shall be authorised, by means of a Commission implementing decision, to apply the derogatory rules laid down in Articles 4, 5 or 6.

Or. es

Amendment 491

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing decision referred to in paragraph 2 shall be adopted within ten days from the request and shall set the date from which the rules laid down in Articles 4, 5 or 6 may be applied, as well as the time period for their application.

deleted

Or. en

Amendment 492

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

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 493

Jorge Buxadé Villalba

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing decision referred to in paragraph 2 shall be duly adopted and notified within ten days from the request and shall set the date from which the rules laid down in Articles 4, 5 or 6 may be applied, as well as the time period for their application.

Or. es

Amendment 494

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

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing decision referred to in paragraph 2 shall be adopted within ten days from the notification and shall set the date from which the rules laid down in Articles 4, 5 or 6 may be applied, as well as the time period for their application.

Or. en

Amendment 495

Jorge Buxadé Villalba

Proposal for a regulation

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. If the Commission does not duly adopt and notify the implementing decision referred to in paragraph 2 within the timeframe laid down in paragraph 3, it shall be deemed to be tacitly authorised for all legal purposes, thereby enabling the Member State to apply the provisions of this Regulation.

Or. es

Amendment 496

Jorge Buxadé Villalba

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six months. That period may be extended for a period not exceeding one year.

4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for one year. That period may be extended if the crisis situation persists, upon a reasoned request by the Member State concerned.

Or. es

Amendment 497

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

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six months. That period may be extended for a period not exceeding one year.

4. The application of the rules laid down in Articles 4 and 5 may take as long as needed.

Or. en

Amendment 498

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six months. That period may be extended for a period not exceeding one year.

4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six months. That period shall be extended if the crisis situation has not been resolved.

Or. en

Amendment 499

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

Proposal for a regulation

Article 3 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of four weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned request to the Commission at the latest five days before the expiry of the four-week period. The Commission may authorise the prolongation of the application of the rules laid down in Article 6 for an additional maximum period of four weeks, which shall be renewable once. The period of application shall not exceed twelve weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2.

deleted

Or. en

Amendment 500

Jorge Buxadé Villalba

Proposal for a regulation

Article 3 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of eight weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned request to the Commission at the latest five days before the expiry of the eight-week period. The Commission may authorise the application of the rules laid down in Article 6 for as long as the initial crisis situation persists.

Or. es

Amendment 501

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of five weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned notification to the Commission at the latest five days before the expiry of the five-week period. The Commission may authorise the prolongation of the application of the rules laid down in Article 6 if the crisis situation has not been resolved.

Or. en

Amendment 502

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

Proposal for a regulation

Article 3 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of twelve weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned request to the Commission at the latest five days before the expiry of the twelve-week period. The Commission may authorise the prolongation of the application of the rules laid down in Article 6 for an additional maximum period of four weeks, which shall be renewable once. The period of application shall not exceed twenty weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2.

Or. en

Amendment 503

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 6

Text proposed by the Commission

Amendment

6. The implementing decision referred to in paragraph 2 shall be adopted in accordance with the procedure referred to in Article 11(1).

deleted

Or. en

Amendment 504

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 6

Text proposed by the Commission

Amendment

6. The implementing decision referred to in paragraph 2 shall be adopted in accordance with the procedure referred to in Article 11(1).

deleted

Or. en

Amendment 505

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

Proposal for a regulation

Article 3 – paragraph 7

Text proposed by the Commission

Amendment

7. When submitting the request referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this request by the Commission is concluded. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the request and for a period not exceeding 15 days. The Member State shall indicate in the request the reasons for which an immediate action is required.

deleted

Or. en

Amendment 506

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 7

Text proposed by the Commission

Amendment

7. When submitting the notification referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this notification by the Commission is evaluated. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the notification and for a period not exceeding 15 days. The Member State shall indicate in the notification the reasons for which an immediate action is required.

Or. en

Amendment 507

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

Proposal for a regulation

Article 3 – paragraph 7

Text proposed by the Commission

Amendment

7. When submitting the notification referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this notification by the Commission is concluded. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the notification and for a period not exceeding 15 days. The Member State shall indicate in the notification the reasons for which an immediate action is required. The Commission shall assess the situation in the Member State concerned and adopt the implementing decision referred to in paragraph 2 within the 15-day period.

Or. en

Amendment 508

Jorge Buxadé Villalba

Proposal for a regulation

Article 3 – paragraph 7

Text proposed by the Commission

Amendment

7. When submitting the request referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this request by the Commission is concluded. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the request and for a period not exceeding one month. The Member State shall indicate in the request the reasons for which an immediate action is required.

Or. es

Amendment 509

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

Proposal for a regulation

Article 3 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall examine the reasoned request pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031 , the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management].

deleted

_________________

31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11.)

Or. en

Amendment 510

Jorge Buxadé Villalba

Proposal for a regulation

Article 3 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall examine the reasoned request pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031, the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management].

8. The Commission shall examine the reasoned request pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031, the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management], paying particular attention to the reports of the Member State’s police or military services responsible for border defence or protection.

_________________

31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).

Or. es

Amendment 511

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

Proposal for a regulation

Article 3 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall examine the notification pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031 , the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management], and other relevant information by Union bodies, agencies and offices.

_________________

31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11.)

Or. en

Amendment 512

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 3 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall examine the reasoned notification pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031 , the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management].

_________________

31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11.)

Or. en

Amendment 513

Damian Boeselager

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3 a

Allocation of responsibility for ongoing asylum applications through an automatic light procedure in a situation of emergency

1. In a situation of emergency as referred to in Article 1a (1) (a), and following the decision on an emergency situation by the Commission in accordance with Article 2b, the Member State concerned shall inform the applicant of the procedure for determining responsibility for his or her claim in accordance with Article 11 of Regulation (EU) XXX/XXX [Asylum and Migration Management] and shall carry out a personal interview in accordance with Article 12 of Regulation (EU) XXX/XXX [Asylum and Migration Management].

2. The Member State concerned shall swiftly determine a Member State of allocation where there are, prima facie, sufficient indicators showing that an applicant has meaningful links in accordance with any of the criteria in Regulation (EU) XXX/XXX [Asylum and Migration Management] with a particular Member State other than the determining Member State.

3. In establishing whether there are sufficient indicators showing that the applicant has meaningful links to a particular Member State, the Member State concerned shall base its determination on the evidence and other information provided by the applicant and shall consult relevant Union databases. The Member State concerned shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State of allocation unless the evidence and information provided can be verified by that Member State. If the information provided by the applicant, or gathered through the relevant Union databases, does not give rise to manifest reasons to doubt that the criteria in Regulation (EU) XXX/XXX [Asylum and Migration Management] apply for a particular Member State, the Member State concerned shall conclude that, prima facie, there are sufficient indicators showing that the links in question meet the requirements of paragraph 1 of this Article. The competent authorities of the Member State where the applicant could have a link shall assist the competent authorities of the determining Member State with answering any questions aiming to clarify whether the alleged links are correct.

4. If the Member State concerned considers, pursuant to paragraphs 1 and 2, that a particular Member State is likely, prima facie, to be the Member State of allocation in accordance with the criteria set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State concerned shall notify the Member State of allocation and the applicant shall be transferred to that Member State.

5. The determining Member State shall transfer all the information provided by the applicant to the Member State of allocation using the 'DubliNet' electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003.

6. The Member State of allocation shall, in accordance with the procedure referred to in paragraph 3, determine whether the conditions in Regulation (EU) XXX/XXX [Asylum and Migration Management] are met. If so, the Member State of allocation shall become the Member State responsible.

7. If it is subsequently determined that the applicant has no genuine links with a particular Member State, the Member State of allocation shall ensure that the applicant is relocated to another Member State responsible in accordance with the procedure laid down in Article 3b.

Or. en

Justification

The Shadow believes that the mechanisms for determining responsibility for an asylum claim and for exercising solidarity proposed by the Commission will not help adequately address a situation of emergency, as they do not guarantee that relocations will take place and would leave the Member State concerned responsible in many instances. Therefore, the Shadow proposes a different relocation system that is predictable, efficient and automatic. In this system, applicants who have any meaningful links with a particular Member State will be transferred to that Member State. Applicants and beneficiaries who have no such link will be relocated via a reference key. As long as the applicant has registered in the first member state, he or she will be given the option to choose between four Member States which have received the lowest number of applicants in relation to the reference key, which the Shadow believes will improve integration prospects.

Amendment 514

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

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3 a

EU Relocation coordinator

1. With a view to supporting the implementation of the distribution mechanism under this Regulation, the Commission shall appoint an EU Relocation coordinator, who will coordinate the relocation from the benefitting Member State to the contributing Member States.

2. In its tasks, the EU Relocation coordinator should be assisted by an Office in order to support coordination between the Member States to ensure the streamlining of procedures.

3. The EU relocation coordinator would be supported by the Asylum Agency who is tasked to calculate the distribution key, to set up and manage the automated software to distribute applicants for international protection according to the criteria set in this Regulation.

Or. en

Amendment 515

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3 a

Applications in safe third countries

1. In a crisis situation, Member States may put in place and maintain a system where submitting an asylum application is only possible in the consulates of safe third countries.

2. Those arriving at the external border of a Member State to submit an asylum application there, and who arrive via a safe third country, may be redirected to the consulate of the Member State in the neighbouring safe third country.

Or. en

Amendment 516

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

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3 a

Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation]

1. In a situation of crisis, applications made within the period during which this Article is applied shall be registered no later than four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

Or. en

Amendment 517

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

Proposal for a regulation

Article 3 b (new)

Text proposed by the Commission

Amendment

Article 3 b

Determination of the Member State responsible for the processing of the asylum applications in a situation of emergency

1. In a situation of emergency, Member States shall ensure that third-country nationals or stateless persons, who apply on the territory of any one of them, including at the border or in the transit zones, shall swiftly determine a Member State responsible for processing the application for international protection according to the criteria set out in Regulation (EU) XXX/XXX [Asylum and Migration Management].

2. To this end, the determining Member State shall set up a light procedure where there are, prima facie, sufficient indicators showing that they are likely to have family or other meaningful links to a particular Member State. The assessment of the determining Member State shall be based on information provided by the applicant or relatives present in another Member State. The authorities of the Member State where the applicant could have a link shall assist the determining Member State in answering any questions or providing documents as swiftly as possible.

The light procedure based on prima facie indicators should apply to the following cases:

(a) where the applicant states to have a family member, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State;

(b) where the applicant states to have had a previous residence or visa in a Member State;

The determining Member State shall ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members or meaningful links unless such a claim can be verified by that Member State following his or her transfer.

If the information provided by the applicant does not give manifest reasons to doubt the presence of family members or other meaningful links in the Member State indicated by the applicant, it shall be concluded that, prima facie, there are sufficient indicators in order to be transferred to another Member State. The determining Member State shall notify the Member State responsible. The requested Member State shall acknowledge its responsibility after considering all available circumstantial evidence, including photos, proof of contact and witness statements to make a fair appraisal of the relationship. Failure to respond to the take charge request within two weeks shall be tantamount to confirming the request.

The transfer shall be facilitated by the issuance of a laissez-passer.

The determining Member State shall transfer all the information provided by the applicant to the Member State of allocation using the 'DubliNet' electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003.

3. Where the applicant has links in different Member States, the applicant shall be able to choose the Member State where she or he wants to be transferred and be responsible for examining the application for international protection.

4. If after transfer, it is determined that the conditions for family reunification and meaningful links are not met, the Member State of allocation shall ensure that the applicant is relocated to another Member State responsible in accordance with the procedure laid down in Article 3c of Chapter III of this Regulation.

5. Where it is not possible to determine a Member State responsible based on family or other meaningful links, the Member State responsible shall be determined according to the procedure set out in Article 3c of Chapter III of this Regulation.

6. Any Member State can proactively request to take charge of an applicant, in particular on humanitarian grounds based in particular on family, health, cultural or social considerations, language skills or other meaningful links which would facilitate his or her integration. The persons concerned must express their consent in writing.

7. An applicant may also request the determining Member State to contact other Member States to transfer a duly motivated request to process his or her application. The requested Member State(s) shall indicate, within two weeks of receipt of the request, whether it intends to assume responsibility for the application for international protection. Where the requested Member State accepts the request, it shall become the Member State responsible. The Member State where the application for international protection was lodged shall ensure that the applicant is transferred to the Member State responsible.

8. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall inform both the minor and the representative with the same modalities.

Or. en

Amendment 518

Damian Boeselager

Proposal for a regulation

Article 3 b (new)

Text proposed by the Commission

Amendment

Article 3 b

Automatic allocation in a situation of emergency

1. In a situation of emergency as referred to in Article 1a(1)(a), where it is not possible to determine the Member State responsible in accordance with the light procedure in Article 3a, or where relocation is to be applied and no meaningful links to a Member State can be established, the Member State in a situation of emergency shall communicate to the applicant or beneficiaries of international protection, including prima facie international protection holders, that he or she will be transferred to a Member State of allocation which, where applicable, will become responsible for examining his or her claim for international protection.

2. On the basis of the reference key referred to in Article 3c, a list of four Member States with the lowest number of applicants relative to their share pursuant to that reference key shall be determined.

3. The Member State in a situation of emergency shall communicate the list referred to in paragraph 2, together with information about the Member States on that list, to the applicant or beneficiary. Within three days of that communication, the applicant or beneficiary shall be given the opportunity to select among the four Member States included in the list.

4. If the applicant or beneficiary does not select a Member State in accordance with the first subparagraph, the Member State in a situation of emergency shall allocate the applicant or beneficiary to the Member State with the lowest number of applicants relative to their share pursuant to the reference key, or to another Member State which has agreed to admit them on voluntary basis in line with Article 25 of the Regulation (EU) XXX/XXX [Asylum and Migration Management].

5. The EU Relocation Coordinator shall support and facilitate the procedures leading to the relocation of applicants and beneficiaries, paying particular attention to unaccompanied minors and other persons in a vulnerable situation. The coordinator shall always ensure family unity, when implementing relocation procedures. They shall coordinate the operational aspects of relocation, including with the assistance of experts or teams of experts to be deployed by the Asylum Agency or the European Border and Coast Guard Agency.

Or. en

Justification

In the revised relocation model proposed by the Shadow, family members shall always be transferred to the Member State, to ensure the preservation of family unity.

Amendment 519

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

Article 3 b (new)

Text proposed by the Commission

Amendment

Article 3 b

Extension of time limit for screening procedures

1. By way of derogation from Article 6(3) of Regulation (EU) XXX/XXX [Screening Regulation], the period during which a screening procedure is carried out may be extended by five days.

Or. en

Amendment 520

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

Proposal for a regulation

Article 3 c (new)

Text proposed by the Commission

Amendment

Article 3 c

Automatic allocation of applicants without meaningful links

1. Where the Member State responsible cannot be determined based on family or other meaningful links, the determining Member State shall communicate to the applicant that his or her application for international protection will be examined by a Member State of allocation.

2. On the basis of the distribution key referred to in Article 3d, a short list of five Member States with the lowest number of applicants relative to their share pursuant to that distribution key shall be determined by means of the automated system.

3. The determining Member State shall communicate the short list referred to in paragraph 2, together with information about the Member States on that short list, to the applicant. Within five days of that communication the applicant shall be given the opportunity to select a Member State of allocation among the five Member States included in the short list. If the applicant does not select a Member State in accordance with the first subparagraph of this paragraph, the determining Member State shall allocate the applicant to the Member State on the short list with the lowest number of applicants relative to their share pursuant to the distribution key referred to in Article 3d when the list was compiled in accordance with paragraph 2 of this Article.

4. Paragraphs 1, 2 and 3 shall apply mutatis mutandis in the case where applicants have registered as families, relatives or groups of applicants having requested to be registered as travelling together. In cases where a unanimous selection cannot be reached between the members of the group, each of the members of the former group shall be able to select a Member State of allocation, from the list drawn up for the former group, in accordance with paragraph 2. Where a selection is not communicated to the determining authorities within the five days, the applicant shall be allocated to the Member State with the lowest number of applicants relative to their share pursuant to the distribution key referred to in Article 3d when the list was compiled in accordance with paragraph 2.

5. The applicant shall have the right to an effective remedy enshrined in Article 47 of the Charter, in the form of an appeal or a review, in fact and in law, against a transfer decision or a decision to reject a take charge request, before a court or tribunal. No transfer shall take place before the decision on the appeal or review is taken.

6. Without prejudice to the applicant's right to choose his or her own legal advisor or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance and intercultural mediation, at all stages of the procedure provided for in this Regulation.

Or. en

Amendment 521

Damian Boeselager

Proposal for a regulation

Article 3 c (new)

Text proposed by the Commission

Amendment

Article 3 c

Reference key

1. The share of relocation contributions by each contributing Member State shall be calculated by the Asylum Agency and the EU Relocation Coordinator, in accordance with the following criteria for each Member State, according to the latest available Eurostat data:

(a) the size of the population (35% weighting);

(b) the total GDP (35% weighting);

(d) the average number of resettled or admitted refugees per one million inhabitants (15% weighting).

Or. en

Amendment 522

Damian Boeselager

Proposal for a regulation

Article 3 d (new)

Text proposed by the Commission

Amendment

Article 3 d

Relocation in a situation of emergency

1. Relocation contributions for the benefit of a Member State in a situation of emergency shall consist of:

(a) relocation of applicants for international protection, including beneficiaries of immediate protection whose applications are pending;

(b) relocation of beneficiaries of prima facie international protection;

(c) relocation of beneficiaries of international protection who have been granted international protection for less than three years and who have requested such relocation in writing.

2. The procedural requirements for relocation specified in Chapter II of Regulation (EU) XX/XXXX [Asylum and Migration Management] shall apply to relocation in a situation of emergency.

3. Under the coordination of the EU Relocation Coordinator, the Asylum Agency shall draw up the list of eligible persons to be relocated. The list shall indicate the distribution of those persons among the contributing Member States taking into account the total number of persons to be relocated by each Member State, the nationality of those persons and the existence of meaningful links between them and the Member State of relocation. Eligible persons shall be consulted in the course of determining meaningful links and shall have the right to object to such categorisation. Priority shall be given to the relocation of unaccompanied minors and other persons in a vulnerable situation, including persons granted prima facie international protection. Where a person has meaningful links to more than one Member State, the person’s preference shall prevail. Where no meaningful links can be determined, the procedure in Article 3b shall apply.

4. In a situation of emergency, relocation contributions from the solidarity pool established under Article 48 of Regulation (EU) XX/XXXX [Asylum and Migration Management] may be used for the purpose of immediately alleviating pressure on the Member State concerned. Where the solidarity pool is insufficient for the purpose of immediately alleviating the challenges faced by the Member State in a situation of emergency, solidarity contributions from the solidarity pool of the other Member States established under Article 48(1) Regulation (EU) XX/XXXX [Asylum and Migration Management] may be used insofar as this does not jeopardize the functioning of the pool for those Member States.

Or. en

Amendment 523

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

Proposal for a regulation

Article 3 d (new)

Text proposed by the Commission

Amendment

Article 3 d

Reference key

The share of relocation contributions by each contributing Member State shall be calculated by the Asylum Agency, in accordance with the following formula for each Member State, according to the latest available Eurostat data:

(a) the size of the population (40% weighting)

(b) the total GDP (40% weighting)

Or. en

Amendment 524

Damian Boeselager

Proposal for a regulation

Article 3 e (new)

Text proposed by the Commission

Amendment

Article 3 e

EU Relocation Coordinator

1. With a view to supporting the mandatory relocation established in this Regulation, the Commission shall appoint an EU Relocation Coordinator, who will act as a contact point, in order to coordinate the relocation activities from the Member State in a situation of emergency to the contributing Member States implementing their relocation obligations.

2. The EU Relocation Coordinator shall:

(a) coordinate and support communication between the Member States involved;

(b) keep an overview of the persons eligible for relocation, and follow up on the ongoing relocations, and on the contributions of the Member States involved;

(c) organise, at regular intervals, meetings between the authorities of the Member State concerned, and the contributing Member State, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States, in the interest of the persons eligible for relocation and the efficiency of the mandatory relocation mechanism;

(d) promote best practices in the field of relocation;

(e)encourage Member States to take into consideration the capacities and willingness of regional and local authorities to take part in relocation efforts.

3. The office of the EU Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.

Or. en

Amendment 525

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

Proposal for a regulation

Article 3 e (new)

Text proposed by the Commission

Amendment

Article 3 e

Relocation in a situation of emergency

1. Relocation contributions for the benefit of a Member State including subject to disembarkations following search and rescue operations shall consist of the following types:

(a) relocation of applicants for the examination of an application for international protection;

(b) relocation of beneficiaries of prima facie international protection;

(c) relocation of beneficiaries of international protection who have been granted international protection less than three years ago upon the request of the beneficiary of international protection.

2. The procedural requirements for relocation detailed in Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply to relocation in a situation of emergency, unless specified otherwise in this Regulation.

3. The benefitting and contributing Member States shall keep the Commission and the Asylum Agency informed on the implementation of additional relocation pledges taken on a bilateral level, beyond the contributions set out under the automatic distribution mechanism.

4. The EU Relocation coordinator shall coordinate the operational aspects of the implementation of the distribution mechanism with the technical support of the Asylum Agency.

Or. en

Amendment 526

Damian Boeselager

Proposal for a regulation

Article 3 f (new)

Text proposed by the Commission

Amendment

Article 3 f

Financial, operational and humanitarian support in times of emergency

1. Funding support following relocation pursuant to Articles 3a to 3d of this Regulation shall be implemented in accordance with Article 20 of Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund, based on the objective referred to in Article 3(2)(d) of that Regulation.

2. Emergency funding support for the Member State in a situation of emergency may be accorded pursuant Article 31 (1)(a) and (b) of Regulation (EU) 2021/1147. Funding pursuant to Article 9(1), Article 11(9) and Annex II(2.)(d) and Annex IV of Regulation (EU) 2021/1147 may be allocated to local and regional authorities and organisations supporting relocation efforts by their Member States.

3. Upon request, and in full cooperation and coordination with the EU Relocation Coordinator, the Commission shall coordinate the operational aspects of the relocation contributions proposed by the contributing Member States, including any assistance or teams deployed by the European Union Agency for Asylum to provide operational support. The operational assistance by the Asylum Agency can include case officers, legal aid, and interpreters, with a view to the smooth implementation of the relocation processes. Member States shall rely on the Asylum Agency for assistance in training, operational and technical assistance on the basis of the Regulation (EU) XXX/XXX [European Union Asylum Agency Regulation].

4. Upon request, and in full cooperation and coordination with the EU Relocation Coordinator, the Commission shall also coordinate the humanitarian support provided to the Member State in a situation of emergency. Humanitarian support shall be mobilised from the available humanitarian tools, including the European Civil Protection Pool and rescEU on the basis of the Decision (EU) 2019/420.

Or. en

Amendment 527

Damian Boeselager

Proposal for a regulation

Article 3 g (new)

Text proposed by the Commission

Amendment

Article 3 g

The responsibility of the Member State in a situation of emergency

1. In line with Directive XXX/XXX/EU [Reception Conditions Directive recast], the Member State in a situation of emergency shall continue to provide material reception conditions and basic needs, including mental and physical healthcare, to applicants for international protection.

2. Pursuant to Article 14 of the Reception Conditions Directive, the Member State concerned shall continue granting to minor children of applicants and to applicants who are minors access to education under similar conditions as for their nationals.

3. In times of emergency, the Member State concerned may provide immediate access to labour market to applicants for and beneficiaries for international protection, especially those deemed as ‘essential staff’.

Or. en

Amendment 528

Damian Boeselager

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

deleted

Asylum crisis management procedure

1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, as regards applications made within the period during which this Article is applied, derogate from Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:

(a) By way of derogation from Article 41(2)(b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 75% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation];

(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eight weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.

Or. en

Amendment 529

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

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

deleted

Asylum crisis management procedure

Or. en

Amendment 530

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

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

deleted

Asylum crisis management procedure

Or. en

Amendment 531

Laura Ferrara

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 532

Jorge Buxadé Villalba

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) By way of derogation from Article 41(2)(b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 90% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation];

Or. es

Amendment 533

Nadine Morano

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) By way of derogation from Article 41(2)(b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 90% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation];

Or. fr

Amendment 534

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

Proposal for a regulation

Article 4 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(a a) By way of derogation from Article 41(2)(a) and (b) and Article 41(5) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], in situations of instrumentalisation of migrants by third countries at the EU external borders, the Member State confronted with the arrival of third-country nationals or stateless persons at its external border as a consequence of such situations may 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 535

Ondřej Kovařík, Malik Azmani

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

Or. en

Amendment 536

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of eight weeks.

Or. en

Amendment 537

Jorge Buxadé Villalba

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum 16 weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection, unless the Member State duly proves that this would pose a serious risk to internal or external security, public order or public health.

Or. es

Amendment 538

Laura Ferrara

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum four weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.

Or. it

Amendment 539

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

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum twelve weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.

Or. en

Amendment 540

Nadine Morano

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum 12 weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.

Or. fr

Amendment 541

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of eight weeks. Following this period, the applicant could be authorised to enter the Member State’s territory for the completion of the procedure for international protection.

Or. en

Amendment 542

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

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. In applying the asylum crisis management procedure, Member States shall prioritise the examination of applications that are likely to be well-founded, applicants with specific vulnerabilities, including due to their state of health, or applications which are lodged by minors and their family members. The best interest of the child and family life and of the third-country national concerned shall be taken into account throughout the procedure.

Or. en

Amendment 543

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

Article 4 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. During the asylum crisis management procedure, the basic principles and guarantees of Chapter II of the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] shall apply to ensure that the rights of those who seek international protection are protected, while maintaining the right to asylum and respect of the principle of non-refoulement. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.

Or. en

Amendment 544

Damian Boeselager

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

deleted

Return crisis management procedure

1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain and are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:

(a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third-country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum eight weeks;

(b) By way of derogation from Article 41a(7) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the period of detention set in that Article shall not exceed the period referred to in point (a);

(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive.

2. Paragraph 1 shall also apply to applicants, third-country nationals and stateless persons subject to the procedure referred to in Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] whose application has been rejected before the adoption by the Commission of a decision issued in accordance with Article 3 of this Regulation, and who have no right to remain and are not allowed to remain after the adoption of that decision.

Or. en

Amendment 545

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

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

deleted

Return crisis management procedure

Or. en

Amendment 546

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected and who have no right to remain or are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:

Or. en

Amendment 547

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected and who have no right to remain or are not allowed to remain, derogate from Article 41 and Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:

Or. en

Amendment 548

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

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 1b, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain and are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:

Or. en

Amendment 549

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

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. en

Amendment 550

Jorge Buxadé Villalba

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. es

Amendment 551

Laura Ferrara

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. it

Amendment 552

Nadine Morano

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. fr

Amendment 553

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

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. en

Amendment 554

Silvia Sardone, Mara Bizzotto, Annalisa Tardino

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

Or. en

Amendment 555

Laura Ferrara

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 556

Jorge Buxadé Villalba

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled, when the applicant, third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive, or when it can be demonstrated that there is a serious risk to internal or external security, public order or public health.

Or. es

Amendment 557

Nadine Morano

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when at least one of the criteria referred to in Article 6(1) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive.

Or. fr

Amendment 558

Ondřej Kovařík, Malik Azmani

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third-country national or stateless person concerned is not fulfilling the obligation to cooperate established by Article 7 of that Directive.

Or. en

Amendment 559

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

Proposal for a regulation

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive.

Or. en

Amendment 560

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 561

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Paragraph 1 shall also apply to applicants, third-country nationals and stateless persons subject to the procedure referred to in Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] whose application has been rejected before the adoption by the Commission of a decision issued in accordance with Article 3 of this Regulation but after the relevant notification of the affected Member State, and who have no right to remain or are not allowed to remain after the adoption of that decision.

Or. en

Amendment 562

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

Article 5 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Applicants for international protection shall benefit from their rights under Directive XXX/XXX/EU [Reception Conditions Directive recast] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as soon as they make an application, regardless of when the registration takes place.

Or. en

Amendment 563

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

Article 5 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. The Member State in a situation of crisis shall provide for additional and sufficient human and material resources to be able to meet its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast].

Or. en

Amendment 564

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

Article 5 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

2c. During the return crisis management procedure, the right to asylum and the principle of non-refoulement will always be respected.

Or. en

Amendment 565

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

Article 5 a (new)

Text proposed by the Commission

Amendment

Article 5 a

Exemption to assume responsibility under Regulation (EU) XXX/XXX [Asylum and Migration Management]

Where a Member State is in a situation of crisis, it shall be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. In such cases, a requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer in a situation of crisis. Where, because of the persistence of the situation of crisis, the transfer cannot take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.

Or. en

Amendment 566

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

Article 5 b (new)

Text proposed by the Commission

Amendment

Article 5 b

Exemption of obligations as regards solidarity measures in a situation of crisis

In a situation of crisis, Member States shall be exempted from their obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation.

Or. en

Amendment 567

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

Proposal for a regulation

Article 6

Text proposed by the Commission

Amendment

Article 6

deleted

Registration of applications for international protection in situations of crisis

In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

Or. en

Amendment 568

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

Article 6

Text proposed by the Commission

Amendment

Article 6

deleted

Registration of applications for international protection in situations of crisis

Or. en

Amendment 569

Damian Boeselager

Proposal for a regulation

Article 6

Text proposed by the Commission

Amendment

Article 6

deleted

Registration of applications for international protection in situations of crisis

Or. en

Amendment 570

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

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within twelve weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

Or. en

Amendment 571

Jorge Buxadé Villalba

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within eight weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

Or. es

Amendment 572

Ondřej Kovařík

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6 a

Extension of time limits set out in Regulation (EU) XXX/XXX [Eurodac]

In a crisis situation as referred to in Article 1(2), the time limit of 72 hours for transmitting biometric dataset out in Regulation (EU) XXX/XXX [Eurodac Regulation] shall be extended up to 7 days.

Or. en

Amendment 573

Ondřej Kovařík

Proposal for a regulation

Article 6 b (new)

Text proposed by the Commission

Amendment

Article 6 b

Extension of time limits set out in Regulation (EU) XXX/XXX [Asylum and Migration Management]

1. Where a Member State is facing a crisis situation which renders it impossible to comply with the time limits set out in Articles 29, 30, 31 and 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State concerned shall notify the other Member States and the Commission. Such information shall indicate the precise reasons for which the Member State considers that this paragraph has to be applied. After such notification, by way of derogation from Articles 29, 30, 31 and 35 of that Regulation, that Member State shall:

(a) submit a take charge request as referred to in Article 29 within four months of the date on which the application was registered;

(b) reply to a take charge request as referred to in Article 30 within two months of receipt of the request;

(c) submit a take back notification as referred to in Article 31 within one month of receiving the Eurodac hit or confirm the receipt within one month of such notification;

(d) carry out a transfer as referred to in Article 35 within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation.

2. Where the Member State referred to in paragraph 1 does not comply with the time limits set out in paragraph 1, points(a), (b) and (d), the responsibility for examining the application for international protection pursuant to Regulation XXX/XXX [Asylum and Migration Management] shall lie with it or be transferred to it.

Or. en

Amendment 574

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

Chapter IV – title

Text proposed by the Commission

Amendment

IV Time limits in a situation of force majeure

IV Operational and capacity support

Or. en

Amendment 575

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

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Article 7

deleted

Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation]

1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall notify the Commission. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than four weeks from when they are made. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.

2. Where a Member State referred to in paragraph 1 is no longer facing a situation of force majeure as referred to in that paragraph which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall, as soon as possible, notify the Commission of the termination of the situation. After such notification, the extended time limit set out in paragraph 1 shall no longer be applied.

Or. en

Amendment 576

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

Article 7

Text proposed by the Commission

Amendment

Article 7

deleted

Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation]

Or. en

Amendment 577

Damian Boeselager

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Article 7

deleted

Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation]

Or. en

Amendment 578

Ondřej Kovařík

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 and Article 34 (2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall notify the Commission. After such notification, by way of derogation from Article 27 and Article 34(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than four weeks from when they are made and an examination of the applications on the merits shall be concluded not later than one year. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.

Or. en

Amendment 579

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

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall without delay notify the Commission, the European Parliament and the Council. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than four weeks from when they are made. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.

Or. en

Amendment 580

Jorge Buxadé Villalba

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall notify the Commission. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than eight weeks from when they are made. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.

Or. es

Amendment 581

Ondřej Kovařík

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7 a

Extension of time limits set out in Regulation (EU) XXX/XXX [Eurodac]

The time limit of 72 hours for transmitting biometric data set out in Regulation (EU) XXX/XXX [Eurodac Regulation] shall be extended up to 7 days.

Or. en

Amendment 582

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

Proposal for a regulation

Article 8

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 583

Damian Boeselager

Proposal for a regulation

Article 8

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 584

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

Article 8

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Amendment 585

Jorge Buxadé Villalba

Proposal for a regulation

Article 8 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) submit a take charge request as referred to in Article 29 within four months of the date on which the application was registered;

(a) submit a take charge request as referred to in Article 29 within six months of the date on which the application was registered;

Or. es

Amendment 586

Jorge Buxadé Villalba

Proposal for a regulation

Article 8 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) reply to a take charge request as referred to in Article 30 within two months of receipt of the request;

(b) reply to a take charge request as referred to in Article 30 within three months of receipt of the request;

Or. es

Amendment 587

Jorge Buxadé Villalba

Proposal for a regulation

Article 8 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) submit a take back notification as referred to in Article 31 within one month of receiving the Eurodac hit or confirm the receipt within one month of such notification;

(c) submit a take back notification as referred to in Article 31 within two months of receiving the Eurodac hit or confirm the receipt within two months of such notification;

Or. es

Amendment 588

Ondřej Kovařík

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. Where a Member State is facing a situation of force majeure which renders it impossible to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management], it shall notify the other Member States and the Commission, indicating the precise reasons for such impossibility. In such cases, the requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer facing a situation of force majeure. Where, because of the persistence of the situation of force majeure or for any other reason, the transfer does not take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.

3. Where a Member State is facing a situation of force majeure which renders it impossible to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management], it shall notify the other Member States and the Commission, indicating the precise reasons for such impossibility. In such cases, the requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer facing a situation of force majeure. Where, because of the persistence of the situation of force majeure or for any other reason, the transfer does not take place within two years of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.

Or. en

Amendment 589

Damian Boeselager

Proposal for a regulation

Article 9

Text proposed by the Commission

Amendment

Article 9

deleted

Extension of the timeframes for solidarity measures

1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation, it shall notify the Commission and the other Member States without delay. The Member State concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. After such notification, by way of derogation from the timeframes established by those Articles, the timeframe for undertaking solidarity measures established in those Articles shall be suspended for a maximum period of six months.

2. Where a Member State is no longer facing a situation of force majeure, that Member State shall immediately notify the Commission and the other Member States of the cessation of the situation. After such notification, the extended timeframe set out in paragraph 1 shall cease to apply.

Or. en

Amendment 590

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

Article 9

Text proposed by the Commission

Amendment

Article 9

deleted

Extension of the timeframes for solidarity measures

Or. en

Amendment 591

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

Proposal for a regulation

Article 9

Text proposed by the Commission

Amendment

Article 9

deleted

Extension of the timeframes for solidarity measures

Or. en

Amendment 592

Laura Ferrara

Proposal for a regulation

Article 9

Text proposed by the Commission

Amendment

Article 9

deleted

Extension of the timeframes for solidarity measures

Or. it

Amendment 593

Jorge Buxadé Villalba

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

Or. es

Amendment 594

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake voluntary contribution measures within the timeframes established in Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation, it shall notify the Commission and the other Member States without delay. The Member State concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. After such notification, by way of derogation from the timeframes established by those Articles, the timeframe for undertaking solidarity measures established in those Articles shall be suspended for a maximum period of six months.

Or. en

Amendment 595

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

Article 9 a (new)

Text proposed by the Commission

Amendment

Article 9 a

EU Crisis Coordinator

1. With a view to supporting the crisis measures established by this Regulation, the Commission shall appoint an EU Crisis Coordinator, who will act as a contact point, in order to coordinate the preparedness and resilience of Member States outside the framework of this Regulation and coordinate crisis measures triggered by this Regulation.

2. The EU Crisis Coordinator shall regularly:

(a) coordinate and support communication between the Member States involved in the framework of this Regulation;

(b) organise, at regular intervals, meetings between the authorities of Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States for the execution of this Regulation;

(c) be updated by the EU Migration Preparedness and Crisis Management Network in the framework of the relevant stages of the Migration Preparedness and Crisis Blueprint;

(d) promote among Member States a culture of preparedness, cooperation and resilience in the field of asylum and migration, including their best practices.

3. When this Regulation is in effect, the EU Crisis Coordinator shall:

(a) coordinate the role and resource allocation of the relevant EU Agencies in their respective roles in supporting the Member States as determined in this Regulation, in particular as regards:

(i) the deployment of EU agencies’ operational and technical support in the Member State concerned immediately after this Regulation comes into effect;

(ii) taking stock of reception facilities needs for persons arriving at the external borders, in accordance with standards established in Directive XXX/XXX/EU [Receptions Conditions Directive recast];

(iii) monitoring the implementation of this Regulation and the measures invoked by it, including for its effectiveness and impact on the fundamental rights of persons seeking international protection.

Or. en

Amendment 596

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

Article 9 b (new)

Text proposed by the Commission

Amendment

Article 9 b

Support and solidarity measures between Member States

1. Where a Member State is facing a situation of crisis, it may request support and solidarity measures from other Member States in order to manage that situation. Support and solidarity contributions for the benefit of a Member State facing a situation of crisis may include the following types of contributions:

(a) capacity-building measures in the field of asylum, relocation, reception and return;

(b) operational support in the field of asylum, relocation, reception and return;

(c) measures aimed at responding to a crisis situation, including specific measures to support return, through cooperation with third countries or outreach to third countries;

(d) any other measure considered adequate to address the situation of crisis and support the Member State concerned.

2. The Member State facing a situation of crisis shall send a request to the EU Crisis Coordinator for support and solidarity contributions from other Member States specifying the solidarity measures requested.

3. Following the receipt of the request for support and solidarity measures as referred to in paragraph 2, the EU Crisis Coordinator shall, as soon as possible, invite other Member States to contribute by means of the support and solidarity measures referred to in paragraph 1 that correspond to the needs of Member State facing a situation of crisis. The EU Crisis Coordinator shall coordinate the support and solidarity measures referred to in this Article.

Or. en

Amendment 597

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

Proposal for a regulation

Article 9 c (new)

Text proposed by the Commission

Amendment

Article 9 c

Operational support by the European Union Asylum Agency

1. In the decision referred to in Article 1b(2), the Commission may initiate the deployment of the European Union Asylum Agency’s (EUAA) tasks listed in Article 2 of Regulation (EU) XXX/XXX [EUAA] in a Member State facing a situation of crisis to provide concrete operational and technical support to its asylum and reception system. The Member State concerned will be required to cooperate in accordance with Article 22 of Regulation (EU) XXX/XXX [EUAA].

2. The Agency shall prioritise making available the necessary operational resources, in particular by providing support to carry out the tasks and obligations of the Member State concerned under the Common European Asylum System by:

(a) deploying asylum support teams;

(b) registering the applications for international protection;

(d) supporting an appropriate identification and assessment of vulnerable applicants;

(e) providing applicants or potential applicants of international protection with information and specific assistance that they may need.

Or. en

Amendment 598

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

Proposal for a regulation

Article 9 d (new)

Text proposed by the Commission

Amendment

Article 9 d

Operational support by the European Border and Coast Guard Agency

1. In the decision referred to in Article 1b(2), the Commission may initiate the deployment of the European Border and Coast Guard Agency’s tasks under Articles 38 to 40 and Article 48 of Regulation (EU) 2019/1896 in a Member State facing a situation of crisis to provide operational and technical support in the area of border management and return. The Member State concerned will be required to cooperate.

2. The Agency shall prioritise making available the necessary operational resources. It shall in particular provide support by carrying out the tasks and obligations of the Member State concerned under the Common European Asylum System by:

(a) deploying the European Border and Coast Guard standing corps, including where appropriate by deploying staff from the Reserve for Rapid Reaction, in particular by:

(i) supporting in border checks and the identification of migrants, including nationality and travel documents checks, in particular for the identification of minors and other vulnerable migrants, assisting with ensuring proper referral to the relevant procedure;

(ii) providing support with EURODAC equipment and staff supporting registration and fingerprinting of migrants;

(b) launching a rapid border intervention in accordance with Article 39(5) of Regulation (EU) 2019/1896 and/or a return intervention in accordance with Article 53 of that Regulation;

(c) support returns of third-country nationals who either did not apply for international protection or whose right to remain on the territory has ceased, in particular by assisting in:

(i) pre-return activities, including return counselling and supporting the cooperation with third countries by organising identification missions and providing videoconference services for identification interviews;

(ii) voluntary returns;

(iii) return operations by commercial and charter flights, including escorting returnees to the third country of origin and, if appropriate, post return activities in third countries.

(d) assist in providing technical equipment and providing any other relevant support.

Or. en

Amendment 599

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

Article 9 e (new)

Text proposed by the Commission

Amendment

Article 9 e

Financial support

1. Funding support shall be provided in accordance with Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund, based on the objective referred to in Article 3(2)(d) of that Regulation.

2. Emergency funding support for the Member State in a situation of crisis may be accorded pursuant Article 31(1)(a) and (b) of Regulation (EU) 2021/1147.

3. Facilities used to implement this Regulation shall be entirely funded from the Union budget. This shall 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].

Or. en

Amendment 600

Damian Boeselager

Proposal for a regulation

Chapter V – title

Text proposed by the Commission

Amendment

V Granting of immediate protection

V Granting of prima facie international protection and immediate protection

Or. en

Amendment 601

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

Proposal for a regulation

Chapter V – title

Text proposed by the Commission

Amendment

V Granting of immediate protection

V Simplified and accelerated procedures for well-founded cases

Or. en

Amendment 602

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

Proposal for a regulation

Chapter V – title

Text proposed by the Commission

Amendment

V Granting of immediate protection

V Granting of prima facie international protection

Or. en

Amendment 603

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Chapter V – title

Text proposed by the Commission

Amendment

V Granting of immediate protection

V Granting of a temporary right to remain

Or. en

Amendment 604

Damian Boeselager

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission

Amendment

Article 9 a

Granting prima facie international protection

1. In a situation of emergency as referred to in Article 1a(1)(a) Member States shall grant prima facie international protection in accordance with Regulation (EU) XXX/XXX [Qualification Regulation] in respect of applicants with a specific country of origin or former habitual residence or with regard to specific groups of applicants on the basis of readily apparent, objective circumstances, in particular where the ground for granting international protection of a group of similarly situated persons is apparent such as race, religion, nationality, political opinion or membership of a particular social group;

2. Member States shall ensure that persons granted prima facie international protection benefit from refugee status and have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to recognised refugees.

3. Member States shall provide persons granted prima facie international protection with a document, as well as, if applicable, a certified copy in a language they can understand, certifying their status.

4. Member States shall ensure that persons who have been excluded from prima facie international protection have the right to an effective remedy before a court or tribunal against the exclusion decision in the Member State concerned.

5. The decision to apply prima facie international protection with regard to a particular group of applicants shall be kept under periodic review and remain valid until it is terminated by the Commission by means of a delegated act, after due consideration of updated country of origin or former habitual residence information, or updated information on the relevant specific groups eligible for prima facie international protection, and after consultation with UNHCR and other relevant international organisations.

6. A decision to end the application prima facie international protection shall neither affect the refugee status of those who have been granted prima facie international protection nor the right to apply, if applicable, for asylum or other forms of international protection within individual status determination procedures.

7. In exercising its powers, the Commission shall regularly consult the Office of the United Nations High Commissioner for Refugees (UNHCR), European Parliament and other relevant international organisations.

Or. en

Justification

The Shadow supports the Rapporteur’s inclusion of granting prima facie international protection and believes this could help alleviate the pressure from a Member State in a situation of emergency. It will also help to better respond to the individual needs of asylum-seekers.

Amendment 605

Jorge Buxadé Villalba

Proposal for a regulation

Article 10

Text proposed by the Commission

Amendment

Article 10

deleted

Granting of immediate protection status

1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State.

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

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

4. The Commission shall, by means of an implementing decision:

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(b) establish that there is a need to suspend the examination of applications for international protection;

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

(d) establish the date from which this Article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection status shall be granted.

Or. es

Amendment 606

Nadine Morano

Proposal for a regulation

Article 10

Text proposed by the Commission

Amendment

Article 10

deleted

Granting of immediate protection status

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

4. The Commission shall, by means of an implementing decision:

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(b) establish that there is a need to suspend the examination of applications for international protection;

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

Or. fr

Amendment 607

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 10

Text proposed by the Commission

Amendment

Article 10

deleted

Granting of immediate protection status

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

4. The Commission shall, by means of an implementing decision:

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(b) establish that there is a need to suspend the examination of applications for international protection;

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

Or. en

Amendment 608

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

Proposal for a regulation

Article 10

Text proposed by the Commission

Amendment

Article 10

deleted

Granting of immediate protection status

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

4. The Commission shall, by means of an implementing decision:

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(b) establish that there is a need to suspend the examination of applications for international protection;

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

Or. en

Amendment 609

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

Proposal for a regulation

Article 10

Text proposed by the Commission

Amendment

Article 10

deleted

Granting of immediate protection status

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

4. The Commission shall, by means of an implementing decision:

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(b) establish that there is a need to suspend the examination of applications for international protection;

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

Or. en

Amendment 610

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

Proposal for a regulation

Article 10 – title

Text proposed by the Commission

Amendment

Granting of immediate protection status

Obligation for Member States to apply simplified and accelerated procedures for well-founded cases

Or. en

Amendment 611

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

Proposal for a regulation

Article 10 – title

Text proposed by the Commission

Amendment

10 Granting of immediate protection status

10 The need for enhanced border protection.

Or. en

Amendment 612

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 10 – title

Text proposed by the Commission

Amendment

Granting of immediate protection status

Granting of a temporary right to remain

Or. en

Amendment 613

Damian Boeselager

Proposal for a regulation

Article 10 – title

Text proposed by the Commission

Amendment

Granting of immediate protection status

Granting immediate protection status

Or. en

Amendment 614

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States may suspend the examination of applications for international protection.

Or. en

Amendment 615

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

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. In a situation of crisis, and on the basis of the decision referred to in Article 1b(2), Member States may be obliged to apply simplified and accelerated procedures for applicants of a specific country of origin or part(s) of it pursuant to paragraph 4 of this Article, for persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence or situations of armed conflict, and who are unable to return to their country of origin.

Or. en

Amendment 616

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. In a situation of emergency as referred to in Article 1a(1)(a), the Member States concerned shall grant immediate protection status to applicants for international protection who are not eligible for prima facie international protection and are facing a high degree of risk, in particular:

Or. en

Justification

While prima facie international protection shall always prevail, the Shadow wanted to ensure that persons belonging to some categories of arrivals, who will not be eligible for prima facie protection, but are also at high risk, are covered by this Regulation. In particular, the immediate protection status would cover those fleeing environmental disaster, who are not guaranteed to be covered by prima facie international protection.

Amendment 617

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant a temporary residence permit to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such temporary residence permit shall be without prejudice to their ongoing application for international protection in the relevant Member State.

Such temporary residence permit referred to in the first subparagraph shall not be taken into account for the purpose of calculating the duration of residence pursuant to Article 4(1) of Directive 2003/109/EC.

Or. en

Amendment 618

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

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 619

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

on behalf of the ECR Group

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State, which may also revoke immediate protection in other justified cases, where return is considered viable. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State.

Or. pl

Amendment 620

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 621

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 1 – point a (new)

Text proposed by the Commission

Amendment

(a) persons who have fled areas of armed conflict or endemic or indiscriminate violence;

Or. en

Amendment 622

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 1 – point b (new)

Text proposed by the Commission

Amendment

(b) persons who are at serious risk of, or who have been the victims of, systematic or generalised violations of their human rights;

Or. en

Amendment 623

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 1 – point c (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 624

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 1 – point d (new)

Text proposed by the Commission

Amendment

(d) rejected applicants who are unable to return safely and for whom no other durable solution is available.

Or. en

Amendment 625

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

on behalf of the ECR Group

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. pl

Amendment 626

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 627

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

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 628

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

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. The applications for international protection of the persons referred to in paragraph 1 shall be prioritised in accordance with the basic principles and guarantees of Chapter II, of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] based on Article 33(5)(a) of that Regulation. As these applications for international protection are likely to be well-founded, their examination shall not last longer than one month from their registration.

Or. en

Amendment 629

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

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

Or. en

Amendment 630

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that persons with a temporary residence permit have effective access to the relevant rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation].

Or. en

Amendment 631

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

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

deleted

Or. en

Amendment 632

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

3. Such status shall be given without prejudice to an individual’s ongoing application for international protection and to the recognition of refugee status under the Geneva Convention in the relevant Member State.

Or. en

Amendment 633

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 at a time of their choosing.

Or. en

Amendment 634

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

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year.

3. The procedure in paragraph 2 shall always entail a compulsory assessment to determine a possible threat to the national security or public order of the Member State.

Or. en

Amendment 635

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

Proposal for a regulation

Article 10 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. With derogation from paragraph 1, Member States shall not grant a temporary residence permit if the third country national represents a danger to the national security or public order or policy of the Member State or to the internal security of the Union. If the person concerns represents such a danger, the Member State shall carry out the examination of the application for international protection in an accelerated border procedure.

Or. en

Amendment 636

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

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall, by means of an implementing decision:

deleted

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(b) establish that there is a need to suspend the examination of applications for international protection;

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

Or. en

Amendment 637

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall, by means of an implementing decision:

deleted

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(b) establish that there is a need to suspend the examination of applications for international protection;

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

Or. en

Amendment 638

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. The Commission shall, by means of an implementing decision:

4. The Council shall by unanimity:

Or. en

Amendment 639

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. The Commission shall, by means of an implementing decision:

4. The Council shall, by means of unanimity, decide:

Or. en

Amendment 640

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

Proposal for a regulation

Article 10 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(a) establish that there is a need to prioritise a certain group of applicants through accelerated and simplified procedures in examining their application for international protection within the timeline described in paragraph 2;

Or. en

Amendment 641

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3;

(a) establish whether there is a situation of crisis on the basis of the elements referred to in Article 3;

Or. en

Amendment 642

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

Proposal for a regulation

Article 10 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) establish that there is a need to suspend the examination of applications for international protection;

(b) define the specific country of origin, or a part of a specific country of origin on the basis of well-defined criteria, drawn from Regulation (EU) XXX/XXX [Qualification Regulation], in respect of the persons referred to in paragraph 1 where their application for international protection is likely to be well-founded.

Or. en

Amendment 643

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) establish that there is a need to suspend the examination of applications for international protection;

(b) establish that there is a need to suspend the examination of applications for international protection, while fully respecting that declaring the existence of such need is not a prerequisite for Member States to suspend the examination of applications;

Or. en

Amendment 644

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

Proposal for a regulation

Article 10 – paragraph 4 – point c

Text proposed by the Commission

Amendment

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

deleted

Or. en

Amendment 645

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 4 – point c

Text proposed by the Commission

Amendment

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

deleted

Or. en

Amendment 646

Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 10 – paragraph 4 – point c

Text proposed by the Commission

Amendment

(c) define the specific country of origin, or a part of a specific country of origin, in respect of the persons referred to in paragraph 1;

Or. en

Amendment 647

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

Proposal for a regulation

Article 10 – paragraph 4 – point d

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 648

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 10 – paragraph 4 – point d

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 649

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 10 – paragraph 4 – point d

Text proposed by the Commission

Amendment

Or. en

Amendment 650

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The establishment, implementation and termination of immediate protection status shall be the subject of regular consultations with the European Parliament, the Office of the United Nations High Commissioner for Refugees (UNHCR) and other relevant international organisations.

Or. en

Amendment 651

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

Proposal for a regulation

Article 10 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall prioritise the applications for international protection that are likely to be well-founded under this Article for the purposes of solidarity measures pursuant to Article 2.

Or. en

Amendment 652

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

Proposal for a regulation

Article 10 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4b. When an EU agency, according to Articles 9c and 9d, is responsible for the examination of applications for international protection, it will prioritise for relocation those applications likely to be well-founded pursuant to Article 2.

Or. en

Amendment 653

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4b. The Member States shall provide persons granted immediate protection with a document, in a language they understand, in which the provisions relating to immediate protection and which are relevant to them are clearly set out.

Or. en

Amendment 654

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

Proposal for a regulation

Article 10 – paragraph 4 c (new)

Text proposed by the Commission

Amendment

4c. The decision establishing the groups to whom the accelerated and simplified procedures should apply according to paragraph 4, points (a) and (b) of this Article, shall be reviewed every three months and, where the situation for these persons has changed, a revised implementing act may be adopted. The review shall be based on updated country of origin information, or updated information on the relevant specific groups. Consultations with relevant non-governmental organisations shall also take place ahead of this decision.

Or. en

Amendment 655

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 4 c (new)

Text proposed by the Commission

Amendment

4c. Member States may extend immediate protection as provided for in this Regulation to additional categories of displaced persons over and above those to whom the Commission provided for in Article 10(1), where they are displaced for the same reasons and from the same country or region of origin, or habitual place of residence.

Or. en

Amendment 656

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 4 d (new)

Text proposed by the Commission

Amendment

4d. Persons granted immediate protection shall be permitted to lodge an application for asylum at any time. The examination of any asylum application not processed before the end of the period of immediate protection shall be completed immediately after the end of that period.

Or. en

Amendment 657

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 4 e (new)

Text proposed by the Commission

Amendment

4e. A negative decision on an application for international protection shall be without prejudice to the enjoyment of immediate protection for the remainder of the period of protection determined.

Or. en

Amendment 658

Damian Boeselager

Proposal for a regulation

Article 10 – paragraph 4 f (new)

Text proposed by the Commission

Amendment

4f. Member States shall ensure that eligible persons have the right to an effective remedy before a court or tribunal against a decision on their admissibility for immediate protection status by a Member State.

Or. en

Amendment 659

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

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission

Amendment

Article 10 a

Granting of prima facie international protection status

1. In a situation of emergency as referred in Article 1 of this Regulation, Member States shall grant prima facie international protection to applicants from a specific country of origin or, in the case of stateless asylum-seekers, their country of former habitual residence, or specific groups of applicants, on the basis of readily apparent, objective circumstances in the country of origin or their country of former habitual residence. A prima facie approach acknowledges that those fleeing these circumstances are at risk of harm that make them qualify to benefit from international protection under Regulation (EU) XXX/XXX [Qualification Regulation].

2. Member States shall ensure that persons granted prima facie international protection benefit from refugee status and have access to all the rights set out in Regulation (EU) XXX/XXX [Qualification Regulation].

3. Applicants that have been denied the granting of a prima facie international protection status shall have the right to effective remedy before a court or tribunal.

4. The decision to apply prima facie international protection procedure to a particular group of applicants shall be taken by the Commission, by means of a delegated act, and be reviewed regularly to see if other groups shall be added to the list based on updated country of origin information or on relevant specific groups and consultation with the UNHCR and the European Parliament.

5. A decision to end the situation of emergency shall not affect applicants in an ongoing procedure nor persons who have been granted such a status.

Or. en

Amendment 660

Emmanouil Fragkos, Beata Kempa

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission

Amendment

Article 10 a

Abolition of international protection status

The Member States should draw up a list, including:

1. lifting international protection regimes;

2. refugees having criminal violations records.

Or. en

Amendment 661

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

Proposal for a regulation

Article 10 b (new)

Text proposed by the Commission

Amendment

Article 10 b

Monitoring of the implementation of this regulation and fundamental rights

1. The Commission shall monitor the implementation of this Regulation through quarterly reports on persons being transferred to the different Member States and on the numbers of persons being granted prima facie international protection. This data shall be disaggregated by age, nationality, gender. In the event of delays in the implementation of relocation obligations, the Commission shall invite the Member States to fulfil their obligations within a period of less than 3 months.

2. On the basis of the annual Commission's yearly report on the implementation of EU asylum acquis to be provided under Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] as well as reports of the Asylum Agency, the European Union Agency for Fundamental Rights, the Council of Europe, UNHCR and other relevant stakeholders, the European Commission shall initiate infringement procedures in the event of repeated failure to comply with their relocation obligations under this Regulation or significant deficiencies are found in the management of procedures for examining asylum applications or reception measures of third country nationals or stateless persons who have been transferred.

3. All border management activities in Member States territories during emergency situations, whether performed by national authorities or relevant EU agencies, as well as any such activities performed by national authorities outside its territories and measures taken by Member States in emergency situations in asylum shall be monitored under the independent monitoring mechanism set up in Article 7 of the Regulation (EU) XXX/XXX [Screening Regulation].

Or. en

Amendment 662

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

Chapter V a (new)

Text proposed by the Commission

Amendment

V a Monitoring and duration of a situation of crisis

Or. en

Amendment 663

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

Article 10 a (new)

Text proposed by the Commission

Amendment

Article 10 a

Monitoring the implementation of crisis measures

1. The Commission, in coordination with the EU Crisis Coordinator, shall be responsible for regularly monitoring the implementation of this Regulation, including the following aspects:

(a) the access that all competent actors have to facilities used in the context of the measures triggered by this Regulation;

(b) reception conditions and specific requirements for the crisis asylum management procedure and the crisis return management procedure;

(c) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy;

(d) the quality of decision-making in the crisis asylum management procedure and the crisis return management procedure.

2. The Commission shall alert a Member State where the capacity of a location it has notified pursuant to Article 41(14) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] is temporarily insufficient for the purposes of processing applicants.

Or. en

Amendment 664

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

Article 10 b (new)

Text proposed by the Commission

Amendment

Article 10 b

Monitoring of fundamental rights in a situation of crisis

1. Allegations of breaches of fundamental rights in relation to the implementation of this Regulation shall be properly investigated as part of the independent monitoring mechanism referred to in paragraph 2 of this Article.

2. The Commission shall set up an independent monitoring mechanism, in cooperation with the Member States and Union bodies, offices and agencies which have monitoring competences, in particular the European Union Agency for Fundamental Rights, the European Union Agency for Asylum and the European Border and Coast Guard Agency. That mechanism shall aim to:

(a) ensure that all actors involved in the measures triggered by this Regulation comply with Union and international law;

(b) ensure compliance, where applicable, with European rules on the detention of persons, in particular rules concerning the grounds for and the duration of detention;

(c) ensure that allegations of breaches of fundamental rights in relation to the crisis asylum management procedure and crisis return management procedure, including in relation to access to the asylum procedure and the principle of non-refoulement, are dealt with effectively and without undue delay.

The Commission shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism referred to in the first subparagraph.

The European Union Agency for Fundamental Rights shall provide the Commission with general guidance on the setting up of the monitoring mechanism referred to in the first subparagraph, including as regards the independent functioning of the mechanism, the monitoring methodology it uses and appropriate training schemes.

The Commission may invite relevant national, international and non-governmental organisations and bodies to participate in the monitoring carried out as part of the monitoring mechanism referred to in the first subparagraph.

3. Where monitoring carried out as part of the monitoring mechanism referred to in paragraph 2 determines that there have been breaches of fundamental rights, the Commission shall adopt appropriate and proportionate penalties.

Or. en

Amendment 665

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

Article 10 c (new)

Text proposed by the Commission

Amendment

Article 10 c

End of a situation of crisis

1. The Commission, in line with its obligations under Article 10a(1), shall keep the situation of crisis under constant monitoring and review as regards the necessity and proportionality of the crisis measures triggered by this Regulation.

2. The situation of crisis that triggers the application of measures laid down in this Regulation shall remain in place until the Commission determines that the situation of crisis in a Member State has ended.

In doing so, the Commission shall adopt an implementing actin accordance with Article 11. It shall base its decision on the same criteria as listed in Article 1b(3b).

3. The Council may make a reasoned request to the Commission to determine that a situation of crisis in a Member State has ended.

Or. en

Amendment 666

Laura Ferrara

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission

Amendment

Article 10a

Measures to ensure respect for solidarity requirements

1. Where a Member State does not comply with the solidarity requirements under this Regulation, thereby violating the principles enshrined in Article 80 of the Treaty on the Functioning of the European Union, the Commission may adopt one or more of the following appropriate measures. The procedure referred to in Article 6 of Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget shall apply mutatis mutandis:

(a) where the Commission implements the Union budget in direct or indirect management pursuant to points (a) and (c) of Article 62(1) of the Financial Regulation, and where a government entity is the recipient:

(i) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article 131(3) of the Financial Regulation;

(ii) a prohibition on entering into new legal commitments;

(iii) a suspension of disbursement of instalments in full or in part or a early repayment of loans guaranteed by the Union budget;

(iv) a suspension or reduction of the economic advantage under an instrument guaranteed by the Union budget;

(v) a prohibition to enter into new agreements on loans or other instruments guaranteed by the Union budget;

(b) where the Commission implements the Union budget under shared management with Member States pursuant to point (b) of Article 62(1) of the Financial Regulation:

(i) a suspension of the approval of one or more programmes or an amendment thereof;

(ii) a suspension of commitments;

(iii) a reduction of commitments, including through financial corrections or transfers to other spending programmes;

(iv) a reduction of pre-financing;

(v) an interruption of payment deadlines;

(vi) a suspension of payments.

Or. it

Amendment 667

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 11

Text proposed by the Commission

Amendment

Article 11

deleted

Adoption of implementing acts

1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection status in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection status in accordance with Article 10. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).

3. The implementing acts shall remain in force for a period not exceeding one year.

Or. en

Amendment 668

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 11 – title

Text proposed by the Commission

Amendment

Adoption of implementing acts

Adoption of Council decisions

Or. en

Amendment 669

Damian Boeselager

Proposal for a regulation

Article 11 – title

Text proposed by the Commission

Amendment

Adoption of implementing acts

Adoption of delegated acts

Or. en

Amendment 670

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

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 671

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 672

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. The Council may adopt acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6.

Or. en

Amendment 673

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

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 2, 3a, 3b, 4, 5, 5a, and 5b and triggering the obligation to apply simplified and accelerated procedures in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

Or. en

Amendment 674

Damian Boeselager

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt delegated acts in accordance with Article 12b concerning measures set out in Article 2b following an adoption of the decision on a situation of emergency and a decision to end a situation of emergency in accordance with Article 11 a.

Or. en

Amendment 675

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of temporary residence permit in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

Or. en

Amendment 676

Jorge Buxadé Villalba

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, in accordance with the reasoned requests submitted by the Member State or Member States concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

Or. es

Amendment 677

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 678

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

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 679

Damian Boeselager

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. On duly justified imperative grounds of urgency, due to a situation of emergency as defined in Article 1a (1) (a), the procedure provided in Article 12c shall apply to delegated acts adopted pursuant to this Article.

Or. en

Amendment 680

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Council may adopt immediately applicable acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6.

Or. en

Amendment 681

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

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 2, 3a, 3b, 4, 5, 5a, and 5b, and triggering the obligation to apply simplified and accelerated procedures in accordance with Article 10. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).

Or. en

Amendment 682

Jorge Buxadé Villalba

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, in accordance with the reasoned requests submitted by the Member State or Member States concerned. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).

Or. es

Amendment 683

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 11 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Any decision made by the Council should always fully respect the decision of the European Council determining the situation of crisis and the exact range of measures set out by the European Council to be applied in such situation.

Or. en

Amendment 684

Charlie Weimers, Peter Kofod, Laura Huhtasaari

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing acts shall remain in force for a period not exceeding one year.

deleted

Or. en

Amendment 685

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

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing acts shall remain in force for a period not exceeding one year.

deleted

Or. en

Amendment 686

Malik Azmani, Dragoş Tudorache, Hilde Vautmans, Fabienne Keller, Olivier Chastel

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing acts shall remain in force for a period not exceeding one year.

deleted

Or. en

Amendment 687

Jorge Buxadé Villalba

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing acts shall remain in force for a period not exceeding one year.

3. The implementing acts shall remain in force for a period not exceeding one year, which may be extended if the situations that gave rise to those acts persist, upon a reasoned request by the Member State concerned.

Or. es

Amendment 688

Damian Boeselager

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing acts shall remain in force for a period not exceeding one year.

3. The delegated act shall remain in force for a period of six months.

Or. en

Amendment 689

Damian Boeselager

Proposal for a regulation

Article 11 a (new)

Text proposed by the Commission

Amendment

Article 11 a

Exercise of delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 2b and 11a shall be conferred on the Commission for a period of five years from [date of entry into force of the Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Articles 2d and 11a may be revoked at anytime by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 2d, Article 10a(6) and Article 10b shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two weeks] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.

Or. en

Amendment 690

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

Article 12

deleted

Committee procedure

1. For the implementing act referred to in Article 3, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Or. en

Amendment 691

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

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

Article 12

deleted

Committee procedure

1. For the implementing act referred to in Article 3, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Or. en

Amendment 692

Damian Boeselager

Proposal for a regulation

Article 12 – title

Text proposed by the Commission

Amendment

12 Committee procedure

12 Urgency procedure

Or. en

Amendment 693

Damian Boeselager

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. For the implementing act referred to in Article 3, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

Or. en

Amendment 694

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

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. For the implementing act referred to in Article 3, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1. For the implementing act referred to in Article 1b, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Or. en

Amendment 695

Damian Boeselager

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2b(4). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

Or. en

Amendment 696

Damian Boeselager

Proposal for a regulation

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

deleted

Or. en

Amendment 697

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

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission

Amendment

Article 12 a

Amendments to Regulation (EU) XXX/XXX [European Union Asylum Agency]

1. In a situation of crisis, Regulation (EU) XXX/XXX [European Union Asylum Agency]10a is amended as follows:

In Article 22, paragraphs 1 and 2 are replaced by:

“1. If a Member State is in a situation of crisis in the field of migration and asylum as determined pursuant to Regulation (EU) XXX/XXX [Crisis and Force Majeure Regulation],

The Commission, by means of an implementing decision pursuant to Article 1b of Regulation (EU) XXX/XXX [Crisis and Force Majeure Regulation], may adopt without delay a decision, identify one or more of the measures set out in Article 16(2) to be taken by the Agency to support the Member State concerned and requiring the Member State to cooperate with the Agency in the implementation of those measures.

2. The Executive Director shall, within three working days from the date of adoption of the decision, determine the details of the practical implementation of the decision. In parallel, the Executive Director shall draw up the operational plan and submit it to the Member State concerned. The Executive Director and the Member State concerned shall agree on the operational plan within three working days from the date of its submission.

_________________

10a Regulation (EU) XXX/XXX [European Union Asylum Agency].

Or. en

Amendment 698

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

Proposal for a regulation

Article 12 b (new)

Text proposed by the Commission

Amendment

Article 12 b

Amendments to Regulation (EU) 2019/1896 [European Border and Coast Guard]

1. In a situation of crisis, Regulation (EU) 2019/189610b is amended as follows:

In Article 36, paragraph 1 is replaced by the following:

“1. The European Border and Coast Guard Agency may be deployed upon an implementing decision pursuant to Article 1b of Regulation (EU) XXX/XXX [Crisis and Force Majeure Regulation] in support of implementing a Member State’s obligations with regard to external border control. The Agency shall also carry out measures in accordance with Articles 41 and 42.”

2. In Article 40, paragraphs 1 and 2 are replaced by the following:

“1. Where a Member State is in a situation of crisis, the European Border and Coast Guard Agency may be deployed upon an implementing decision pursuant to Article 1b of Regulation (EU) XXX/XXX [Crisis and Force Majeure Regulation] to provide technical and operational reinforcement by migration management support teams composed of experts from relevant Union bodies, offices and agencies that shall operate in accordance with their mandates.

2. The relevant Union bodies, offices and agencies shall examine, in accordance with their respective mandates, a request for reinforcement by a Member State or by the Commission, and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union bodies, offices and agencies. The Commission shall coordinate that process.”

_________________

10b 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 (L 295/1, 14.11.2019).

Or. en

Amendment 699

Tomas Tobé, Lena Düpont, Jeroen Lenaers

Proposal for a regulation

Article 14

Text proposed by the Commission

Amendment

Article 14

deleted

Repeal

Council Directive 2001/55/EC is repealed with effect from xxx (date).

Or. en

Amendment 700

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

Proposal for a regulation

Article 14

Text proposed by the Commission

Amendment

Article 14

deleted

Repeal

Council Directive 2001/55/EC is repealed with effect from xxx (date).

Or. en