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Tag: Crisis/Force Majeure

Under the Crisis and Force Majeure Regulation, in exceptional situations of mass influx or instrumentalisation, derogations from standard timelines and procedures are allowed.

Return Border Procedure Regulation:
Recital 19

Since the objectives of this Regulation, namely to establish a return border procedure, to provide for specific temporary rules in order to ensure that Member States are able to address situations of crisis and to allow the financing of support under for solidarity actions within the context of , cannot be sufficiently achieved by the […]

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Crisis and Force Majeure Regulation:
Recital 7

This Regulation ensures that Member States receive full support in situations of crisis and force majeure, including through the solidarity mechanism that ensures a fair sharing of responsibility and a balance of efforts between Member States in situations of crisis.

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Crisis and Force Majeure Regulation:
Recital 49

In a situation of instrumentalisation and to prevent a third country or a hostile non-state actor from targeting specific nationalities or specific categories of third-country nationals or stateless persons, it should be possible for a Member State to derogate from the asylum procedure set out in this Regulation by taking a decision in the framework […]

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Return Border Procedure Regulation:
Article 1 – Subject matter and scope

1. This Regulation establishes a return border procedure. It applies to third-country nationals and stateless persons whose application has been rejected in the context of the asylum border procedure provided for in Articles 43 to 54 of (the ‘asylum border procedure’). It also provides for temporary specific rules on the return border procedure in situations […]

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Crisis and Force Majeure Regulation:
Recital 12

Mass arrivals of third-country nationals or stateless persons could lead to a situation where a Member State is not in a position to process the applications for international protection of third-country nationals and stateless persons in accordance with the rules set out in and , and that has consequences for the functioning of the asylum […]

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Crisis and Force Majeure Regulation:
Recital 51

Specific rules should be laid down for situations of crisis characterised by mass arrivals and for force majeure, to allow Member States to extend the time limits set out in under strict conditions where it is impossible to comply with those time limits due to the extraordinary situation. Such extension should apply simultaneously to the […]

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Return Border Procedure Regulation:
Article 6 – Measures applicable to the return border procedure in a situation of crisis

1. In a situation of crisis as defined in Article 1(4) of and in relation to illegally staying third-country nationals or stateless persons whose application has been rejected in the context of the asylum border procedure pursuant to Article 11(3), (4) and (6) of , who have no right to remain and who are not […]

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Crisis and Force Majeure Regulation:
Recital 14

A situation of instrumentalisation could arise where a third country or a hostile non-state actor encourages or facilitates the movement of third-country nationals or stateless persons to the external borders of the Union or to a Member State, where such actions are indicative of an intention of a third country or a hostile non-state actor […]

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Crisis and Force Majeure Regulation:
Recital 53

In order to avoid the Common European Asylum System becoming non-functional due to mass arrivals of such extraordinary scale and intensity that, even if a Member State has a well-prepared asylum, reception and return system, if the situation is not addressed by the Union as a whole, it could create a serious risk of serious […]

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Return Border Procedure Regulation:
Article 8 – Specific provisions and guarantees

A Member State applying the derogation provided for in Article 6 shall duly inform third-country nationals or stateless persons concerned in a language which the third-country nationals or stateless persons understand, or are reasonably supposed to understand, about the measures applied and the duration of the measures.

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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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