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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.

Crisis and Force Majeure Regulation:
Recital 19

As regards Cyprus, Council Regulation (EC) No 866/2004 (12) provides for specific rules that apply to the line between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises effective control and those areas in which it does not exercise effective control. Although that line does not constitute […]

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Crisis and Force Majeure Regulation:
Article 1 – Subject matter

1. This Regulation addresses exceptional situations of crisis, including instrumentalisation, and force majeure, in the field of migration and asylum within the Union by means of temporary measures. It provides for enhanced solidarity and support measures that build upon while ensuring the fair sharing of responsibility, and for temporary specific rules derogating from those set […]

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Crisis and Force Majeure Regulation:
Recital 20

A Member State can also be faced with abnormal and unforeseeable circumstances outside its control, the consequences of which could not have been avoided in spite of the exercise of all due care. Such situations of force majeure could prevent the Member State from complying with its obligations under Union law and could have consequences […]

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Crisis and Force Majeure Regulation:
Article 2 – Reasoned request by a Member State

1. Where a Member State considers itself to be in a situation of crisis or force majeure, it may, given those exceptional circumstances, submit a reasoned request to the Commission, in order to benefit from solidarity measures allowing for the proper management of that situation and to allow for possible derogations from the relevant rules […]

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Crisis and Force Majeure Regulation:
Recital 21

Where a Member State considers itself to be in a situation of crisis or force majeure, that Member State should be able to request authorisation to apply the derogations and solidarity measures provided for in this Regulation. That request should include a description of the situation and should specify which measures it requests in order […]

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Crisis and Force Majeure Regulation:
Article 3 – Commission implementing decision establishing a situation of crisis or force majeure

1. Following the submission of a reasoned request as referred to in Article 2, the Commission, in close cooperation with the requesting Member State and in consultation with relevant Union agencies and international organisations, in particular and , shall expeditiously assess the situation and, where the conditions set out in Article 1 are met, adopt […]

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Crisis and Force Majeure Regulation:
Recital 23

In a situation of crisis, the Member State facing such a situation should have the possibility to request from other Member States solidarity and support measures that are the most suited to its needs in order to manage the situation, and that call for enhanced solidarity compared to that provided for in in alleviating the […]

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Crisis and Force Majeure Regulation:
Article 4 – Commission proposal and Council implementing decision authorising derogations and establishing solidarity measures

1. Simultaneously with the adoption of the Commission implementing decision referred to in Article 3, the Commission shall, where appropriate, make a proposal for a Council implementing decision. The Commission shall immediately inform the European Parliament of that proposal. 2. The Commission’s proposal for a Council implementing decision referred to in paragraph 1 shall ensure […]

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Crisis and Force Majeure Regulation:
Recital 24

In a situation of crisis or force majeure, the Member State facing such a situation should have the possibility to request authorisation to apply derogations from relevant rules on the asylum procedure, including the asylum border procedure. Where relevant, such requests should also include the choice of the Member State concerned as regards the exclusion […]

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Crisis and Force Majeure Regulation:
Article 8 – Solidarity and support measures in a situation of crisis

1. A Member State facing a situation of crisis may request the following types of contributions in the reasoned request referred to in Article 2: (a) relocations, to be conducted following the procedures set out in Articles 67 and 68 of : (i) of applicants for international protection; (ii) where bilaterally agreed by the contributing […]

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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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