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

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

LIBE-PR-697631

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

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This is the rapporteur's draft report on the Commission proposal for a regulation addressing situations of crisis in migration and asylum. It rewrites the proposal: it sets a mandatory relocation mechanism, prima facie international protection, and a crisis assessment and decision procedure. It deletes the Commission's asylum and return crisis management procedures, the immediate protection status, the force majeure derogations and the implementing-act committee procedure. It keeps a single temporary derogation on registration deadlines and adds rules on relocation contributions, a distribution key, an EU Relocation Coordinator and financial support.

Committee position. The rapporteur proposes to amend the Commission proposal by deleting the asylum and return crisis management procedures, immediate protection status and force majeure derogations, and replacing them with a mandatory relocation mechanism, prima facie international protection, a crisis assessment and decision procedure, and a single temporary registration derogation.

Key points

  1. The regulation would address situations of crisis, including force majeure, and set derogations from the Asylum Procedures Regulation, establishing a crisis response mechanism that protects applicants' rights and access to procedure and reception conditions.
  2. A situation of crisis is defined as an exceptional mass influx or an irresistible force or unforeseen event beyond a Member State's control that makes its asylum, reception or return system non-functional or prevents it meeting its obligations; an imminent risk is also defined.
  3. The Commission would assess whether a Member State is in crisis on its own initiative, at the Member State's request, or where Parliament or the Council considers it is, consulting Justice and Home Affairs Agencies, UNHCR and IOM.
  4. The Commission would adopt a decision on the crisis within one week, identifying the Member State's capacity and needs, the measures it should take, the amount of relocation contributions and the categories of persons to be relocated, by delegated act.
  5. Contributing Member States would relocate applicants for international protection and beneficiaries of international protection granted less than three years before the delegated act, prioritising vulnerable persons, in particular unaccompanied minors, and prima facie beneficiaries.
  6. Member States would submit Solidarity Response Plans within one week of the crisis decision, indicating proposed relocation contributions, categories of persons and arrangements; the Commission would then adopt a delegated act setting the distribution of persons to be relocated.
  7. Relocation shares would be calculated by the Asylum Agency using population (40% weighting), total GDP (40% weighting) and unemployment rate (20% weighting), based on the latest Eurostat data.
  8. The Commission would appoint an EU Relocation Coordinator to coordinate relocation activities, keep an overview of eligible persons, organise meetings and promote best practices.
  9. Before relocation, the benefitting Member State would determine the responsible Member State and check for grounds to consider the person a danger to national security or public order; after relocation, the contributing Member State becomes responsible for the application or grants protection status.
  10. Applications made within three weeks of the delegated act would be registered within three weeks, as a single and temporary derogation; Member States would request assistance from all authorities and Asylum Agency experts, and provide applicants a document on making the application.
  11. Member States in crisis would grant prima facie international protection to applicants of a specific country of origin or specific groups, with examination not lasting longer than one month, unless they represent a danger to national security or public order.
  12. The Commission would adopt delegated acts to determine whether a crisis has ended, and funding would follow the Asylum, Migration and Integration Fund, including emergency funding and support to local and regional authorities.

Who is affected

  • Member States in a situation of crisis, which would receive relocation support and must register applications within three weeks.
  • Contributing Member States, which must relocate applicants and beneficiaries under the mandatory mechanism.
  • Applicants for international protection, who would get a document on making an application and access to rights.
  • Vulnerable persons, in particular unaccompanied minors, who would be prioritised for relocation.
  • Local and regional authorities and organisations supporting relocation, which may receive funding.

Figures and deadlines

  • Relocation of beneficiaries of international protection granted less than three years before the delegated act.
  • Solidarity Response Plans to be submitted within one week of the crisis decision.
  • Commission decision on a crisis to be adopted no later than one week after notification.
  • Distribution key: population 40% weighting, total GDP 40% weighting, unemployment rate 20% weighting.
  • Applications made within three weeks of the delegated act to be registered within three weeks.
  • Examination of prima facie applications not to last longer than one month from registration.
  • Delegated acts conferred for a period of five years from entry into force of the Regulation.

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