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Pact instrument: Crisis and Force Majeure Regulation

Crisis and Force Majeure Regulation:
Recital 15

Situations in which non-state actors are involved in organised crime, in particular smuggling, should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.

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Crisis and Force Majeure Regulation:
Recital 31

Situations of crisis or force majeure are also liable to put at risk the essential functions of a Member State. In order to strengthen mutual trust between the Member States and to improve coordination at Union level, implementing powers should be conferred upon the Council to adopt an implementing decision authorising a Member State to […]

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Crisis and Force Majeure Regulation:
Recital 47

In a situation of crisis characterised by mass arrivals of third-country nationals and stateless persons applying for international protection, it could be necessary to broaden the scope of the application of the border procedure, established by Article 43 of and to allow a Member State to take a decision in the framework of a border […]

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Crisis and Force Majeure Regulation:
Recital 63

Since the objectives of this Regulation, namely to provide for the necessary adaptation of the rules on asylum procedures and where relevant those on solidarity in order to ensure that Member States are able to address situations of crisis and force majeure, in the field of asylum and migration management within the Union, cannot be […]

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Crisis and Force Majeure Regulation:
Article 11 – Measures applicable to the asylum border procedure in a situation of crisis or force majeure

1. In a situation of crisis or force majeure, Member States may, as regards applications made within the period during which this Article is applied, derogate from Article 51(2) of , by extending the maximum duration of the border procedure for the examination of applications set out in that Article by an additional period of […]

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Crisis and Force Majeure Regulation:
Recital 16

Humanitarian assistance should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State.

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Crisis and Force Majeure Regulation:
Recital 32

The Council implementing decision should specify, where appropriate, the specific derogations that the Member State facing a situation of crisis, or force majeure is authorised to apply, depending on the nature of each derogation, and set the date from which they could be applied. Moreover, the decision should state the grounds on which it is […]

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Crisis and Force Majeure Regulation:
Recital 48

The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that that person is seeking international protection, particularly in accordance with the international legal obligations of the Member States and with Article 31 of the Geneva Convention. In accordance […]

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Crisis and Force Majeure Regulation:
Recital 64

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the and to the , Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that Articles 12 and 13, and Articles 1 to […]

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Crisis and Force Majeure Regulation:
Article 12 – Extension of time limits set out for take charge requests, take back notifications and transfers in a situation of crisis referred to in Article 1(4), point (a), or force majeure

1. In a situation of crisis as referred to in Article 1(4), point (a), or force majeure which renders it impossible for a Member State facing such a situation to comply with the time limits set out in Articles 39, 40, 41 and 46 of or to receive persons for whom it is responsible pursuant […]

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Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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