(12)It is also necessary to reinforce the rules and safeguards in Union law in order to allow Member States to act swiftly to counter situations of instrumentalisation. Such instrumentalisation should be understood within the meaning of Article 1(4), point (b), first sentence, of Regulation (EU) 2024/1359 of the European Parliament and of the Councilnote. Situations in which hostile non-state actors are involved in organised crime, in particular migrant smuggling, should not be considered as instrumentalisation of migrants when there is no aim to destabilise the Union or a Member State. Furthermore, 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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