13 Amendments of Heinz K. BECKER related to 2016/0133(COD)
Amendment 321 #
Amendment 380 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where the Member State considers an application inadmissible or examines an application in accelerated procedure pursuant to paragraph 3, that Member State shall be considered the Member State responsible unless another Member State is responsible according to Article 15.
Amendment 408 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. If an applicant does not comply with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation shall examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU and detain the applicant to secure the transfer to the Member State responsible according to Article 29.4.
Amendment 422 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. 4. The applicant shall enjoy the rights according to Directive 2011/51/EU only 8 years after a status has been granted.
Amendment 729 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. For appeals against, or reviews of, transfer decisions, the court or tribunal shall decide within a period of 15 days on the substance of the appeal or review. No tTransfers shall take place before thisafter the period of 15 days if no decision on the appeal or review is taken or the appeal is rejected.
Amendment 733 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 754 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When there is a significant risk of abscondingare indications that there is a risk of absconding, in particular when the applicant did not comply with his obligations set out in Article 5, Member States mayshall detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Detention shall be kept as short as possible and shall not exceed 4 weeks.
Amendment 797 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 1520% of the reference number for that Member State as determined by the key referred to in Article 35.
Amendment 826 #
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the total GDP (250% weighting);
Amendment 831 #
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) 2. (c) the number of asylum applications in the last 3 years (25% weighting)
Amendment 856 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine thewhich becomes the Member State responsible unless according to the criteria set out in Articles 10 to 14 and 18 a different Member State is responsible; for examining the application.
Amendment 859 #
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. 3. The examination of the criteria in Articles 10 to 14 and 18 may be conducted in the Member State benefitting from allocation in case there are clear indications that another Member State than the Member State of allocation is responsible for examining the application.
Amendment 928 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
(b) detain the applicant according to Article 29.