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The proposed Regulation is intended to allow massive derogations from EU migration and asylum law in cases were it is deemed a member state or states face a situation of “crisis, instrumentalisation and force majeure in the field of migration and asylum.” The Parliament adopted its position in April.
In particular, the proposal will allow member states to derogate from “the Asylum and Migration Management Regulation (AMMR), the Asylum Procedure Regulation (APR), the recast Reception Conditions Directive (RCD) and the recast Return Directive in situations of migration crisis next to targeted solidarity measures,” as the Spanish Presidency notes in its introduction to the proposed negotiating position (pdf). That position includes extensive new derogations compared to those in the Commission’s proposal.
One compilation of replies from member states (pdf) is made up of a set of tables indicating when and how they think each of the proposed derogations should be applicable. The other (pdf) includes written views on the proposal.
Documentation (pdfs)
- Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeure in the field of migration and asylum – Adoption of mandate for negotiations with the European Parliament (11971/23, LIMITE, 25 July 2023)
- Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeure in the field of migration and asylum – compilation of replies by Member States (12032/23, LIMITE, 26 July 2023)
- Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeure in the field of migration and asylum – compilation of replies by Member States (9863/23, LIMITE, 26 July 2023)
- Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeure in the field of migration and asylum – Presidency compromise text (11172/23, LIMITE, 13 July 2023)