Skip to content
DRAFT REPORT (COM2021/0890 – C90474/2021 – 2021/0427(COD))

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

LIBE-PR-752890

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Patryk Jaki

Official HTML ↗ PDF DOCX
✦ In shortFull text
✦ In short · AI summary of this text, generated 25 Sept 2026

Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

This is the rapporteur's draft report on the Commission proposal for a regulation addressing instrumentalisation in migration and asylum. It amends the proposal's recitals and articles to define instrumentalisation, set an emergency asylum procedure, and allow Member States to request derogations. The draft adds a definition covering third countries and non-state actors, and excludes organised crime and humanitarian aid from the definition where there is no aim to destabilise the Union or a Member State. It sets an emergency asylum procedure with a maximum duration of twenty weeks including appeal, and allows Member States to decide on applications at the border or in transit zones. A Member State facing instrumentalisation may request authorisation to apply derogations; the Commission proposes and the Council adopts an implementing decision setting the date, duration and personal scope. The draft provides for support and solidarity measures from other Member States on a voluntary basis, and requires cooperation with UNHCR and other partner organisations.

Committee position. The rapporteur proposes to amend the Commission proposal by adding a definition of instrumentalisation, excluding organised crime and humanitarian aid, setting a twenty-week emergency asylum procedure, and requiring a Council implementing decision to authorise derogations.

Key points

  1. Defines instrumentalisation as a third country or non-state actor encouraging or facilitating movement of third-country nationals or stateless persons to destabilise the Union or a Member State.
  2. States that organised crime, in particular migrant smuggling, and humanitarian aid operations are not instrumentalisation where there is no aim to destabilise the Union or a Member State.
  3. Allows a Member State facing instrumentalisation to register applications only at designated points near the border and to decide on admissibility and merits at the border or in transit zones.
  4. Sets the emergency asylum procedure duration at a maximum of twenty weeks including appeal, running from the date of registration of an application.
  5. Permits omitting the personal interview where the determining authority can take a positive decision on subsidiary protection based on available evidence.
  6. Requires prioritising registration and examination of applications from persons with special reception or procedural needs, unaccompanied minors, minors and their family members.
  7. Allows a Member State to decide not to apply the border procedure and instead apply national law while applying Article 4(4) of the Return Directive recast mutatis mutandis.
  8. Allows a Member State facing instrumentalisation to request support and solidarity measures from other Member States, which are voluntary.
  9. Requires a Member State to submit evidence of instrumentalisation to the Commission, which shall propose a Council implementing decision authorising derogations.
  10. Requires the Council implementing decision to state its grounds, set the date and duration of derogations, not exceeding an initial six months, and specify the persons subject to instrumentalisation.
  11. Allows extension or amendment of derogations for an additional period not exceeding six months, and requires the Commission and Council to monitor and review the situation.
  12. Requires the Member State to maintain close cooperation with UNHCR and other partner organisations entrusted with specific tasks.

Who is affected

  • Member States facing instrumentalisation, which may apply derogations and request support.
  • Third-country nationals and stateless persons subject to instrumentalisation, who face border procedures and possible return.
  • Unaccompanied minors, minors and their family members, and persons with special reception or procedural needs, whose applications are prioritised.
  • The Commission and the Council, which propose and adopt implementing decisions authorising derogations.
  • UNHCR and other partner organisations, which are to have access and cooperate with the Member State.

Figures and deadlines

  • Maximum duration of the emergency asylum procedure: twenty weeks including appeal.
  • Initial period for application of derogations: six months.
  • Additional period for extension of derogations: six months.

Legal basis: Article 294(2) and Article xx of the Treaty on the Functioning of the European Union.