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Tracking the Pact: Presidency's proposed negotiating position on force majeure Regulation; member state comments

On 26 July the Council Presidency circulated what it intended to be the Council's negotiating mandate on the proposed Regulation addressing situations of crisis and force majeure in the field of migration and asylum. Agreement within the Council on the text remains elusive, but it is being made public here, alongside previous versions of the text and compilations of comments from member states on various issues raised by the proposal.
On 26 July the Council Presidency circulated what it intended to be the Council's negotiating mandate on the proposed Regulation addressing situations of crisis and force majeure in the field of migration and asylum. Agreement within the Council on the text remains elusive, but it is being made public here, alongside previous versions of the text and compilations of comments from member states on various issues raised by the proposal.

Image: European Union


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)