Proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum

Summary:

Legislative initiative tabled by the European Commission on 23 September 2020, addressing matters of crisis and force majeure in the field of migration and asylum. This is a text with EEA relevance.

Further information:

In September 2020, the European Commission adopted its New Pact on Migration and Asylum involving a comprehensive approach to external borders, asylum and return systems, the Schengen area of free movement and the external dimension. This draft law was adopted alongside the wider strategy as it would become necessary to put in place a system with tools necessary to deal with crisis situations and situations of force majeure.

The Pact foresees the need for the European Union (EU) to have a structured approach to handle crisis in order to avoid ad hoc responses. The proposed crisis instrument covers exceptional situations of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State. It covers situations of such scale and nature that it would render a country's asylum, reception or return system non-functional. Situations where there is a risk of such arrivals are also covered. Finally, it also addresses situations of force majeure in the field of asylum and migration management within the EU. It provides the necessary adaptation to the EU rules on the asylum and return procedures as well as to the solidarity mechanisms set out in the relevant Regulation.

This draft law was adopted by the European Commission on 23 September 2020. The plenary of the European Parliament endorsed a negotiating position on 20 April 2023. Member State representatives adopted a general approach on behalf of the Council of the European Union on 4 October.

Official

European Commission: Priorities: New Pact on Migration and Asylum https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/promoting-our-european-way-life/new-pact-migration-and-asylum_en

European Parliament: Legislative Observatory: Procedure File for Proposal on Crisis and force majeure Regulation (2020/0277(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?l=en&reference=2020/0277(COD)

European Parliament: Legislative Train Schedule: Crisis and force majeure Regulation https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-crisis-and-force-majeure-regulation

European Parliament: Press Release, 28/03/2023: First green light given to the reform of EU asylum and migration management https://www.europarl.europa.eu/news/en/press-room/20230327IPR78520/

Renew Europe EP Group: News, 28/03/2023: Migration and Asylum Pact: Parliament breakthrough must be quickly followed up by the Council https://www.reneweuropegroup.eu/news/2023-03-28/migration-and-asylum-pact-parliament-breakthrough-must-be-quickly-followed-up-by-the-council

Council of the European Union: Press Release, 04/10/2023: Migration policy: Council agrees mandate on EU law dealing with crisis situations https://www.consilium.europa.eu/en/press/press-releases/2023/10/04/migration-policy-council-agrees-mandate-on-eu-law-dealing-with-crisis-situations/

European Commission: Statement on the political agreement in the Council on the Crisis Proposal - New Pact on Migration and Asylum (4 October 2023) https://ec.europa.eu/commission/presscorner/detail/en/statement_23_4761

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Commentary and Analysis

Statewatch, 26/11/2020: Meijers Committee Comments on the Migration Pact – Crisis and Force Majeure Regulation https://www.statewatch.org/media/1499/eu-migration-pact-meijers-committee-crisis-force-majeure-comments.pdf

European Parliamentary Research Service (EPRS): Briefing, 14/01/2021: Crisis and force majeure regulation https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2021)659448

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