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

Author (Corporate)
Series Details COM (2020) 613
Publication Date 23/09/2020
Content Type


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.

Further information:

This proposal was put forward as part of a package of legislative initiatives adopted alongside the Commission's New Pact on Migration and Asylum. This aims to be a comprehensive approach to migration management through integrated-policy making in the field of asylum and migration management, including both its internal and external components. As part of this framework, it became necessary to put in place a system with tools necessary to deal with crisis situations and situations of force majeure.

It cannot be excluded that a situation of crisis arises given the various factors operating outside the control of the European Union (EU) and its Member States. It was therefore deemed appropriate that the framework operating in this field is complemented by an instrument that ensures that the EU has at its disposal specific rules that can address the exceptional situation of crisis in an effective manner, complementing the mechanism and procedures that normally would apply.

This crisis instrument therefore covers exceptional situations of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State, being of such a scale and nature that it would render a Member State’s asylum, reception or return system non-functional and which risk having serious consequences for the functioning of, or result in the impossibility of applying, the Common European Asylum System and the migration management system of the EU. Situations where there is a risk of such arrivals are also be covered. The proposed Regulation also addresses situations of force majeure in the field of asylum and migration management within the Union. 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.

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Commentary and Analysis
Statewatch, 26/11/2020: Meijers Committee Comments on the Migration Pact – Crisis and Force Majeure Regulation
EPRS: Briefing, January 2021: Crisis and force majeure regulation

European Commission: New Pact on Migration and Asylum - A fresh start on migration in Europe
European Parliament: Legislative Observatory - 2020/0277(COD): Procedure File for Proposal on Crisis and force majeure Regulation

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