The proposal for a regulation addressing situations of instrumentalisation in the field of migration and asylum (instrumentalisation proposal) was put forward by the European Commission in December 2021. It is based largely on the European Commission's proposal for a Council decision on provisional emergency measures for the benefit of Latvia, Lithuania and Poland, which was meant to help the three EU Member States address the increase in unauthorised border crossings by third-country nationals (TCNs) allegedly 'encouraged or facilitated' by the Belarusian regime. These emergency measures were never formally approved by the Council.

This substitute impact assessment of the European Commission's proposal for a regulation addressing situations of instrumentalisation in the field of migration and asylum was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) in the absence of a European Commission impact assessment accompanying the proposal. It studies the proposal's relationship with the EU Treaties, existing EU border, migration and asylum acquis and the legislative proposals in the 2016 common European asylum system reform and those under the 2020 new pact on migration and asylum. The assessment identifies and analyses the main expected impacts of the proposal, notably the fundamental rights, societal, economic and territorial impacts, as well as those relating to EU external relations. It includes an examination of the effectiveness and efficiency of the proposal's derogations to EU asylum, border and returns standards, and its compatibility with the EU general principles of subsidiarity, proportionality and the rule of law. Attention is also paid to how the monitoring and evaluation of the proposal may be ensured. 

You can read the full report here.