6 Amendments of Tonino PICULA related to 2016/0407(COD)
Amendment 6 #
Proposal for a regulation
Recital 1
Recital 1
(1) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in full respect of fundamental rights and in particular the principle of non- refoulement, codified by the Charter of Fundamental Rights of the European Union (Charter) and the 1951 Geneva Convention, and in accordance with Directive 2008/115/EC of the European Parliament and of the Council, is an essential part of the comprehensive efforts to tackle irregular migration and increase the rate of return of irregular migrants. manage migration in close cooperation with third countries of origin or transit.
Amendment 9 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States should take all necessary measures to return illegally staying third-country nationals in an effective and proportionate manner and ensuring full respect and protection of migrants' human rights, in accordance with the provisions of Directive 2008/115/EC.
Amendment 23 #
Proposal for a regulation
Recital 12
Recital 12
(12) Alerts on return should be deleted as soon as the Member State or competent authority that issued the return decision in accordance with provisions respecting Directive 2008/115/EC has been informed that the return has taken place. Where a return decision is accompanied by an entry ban, the latter should be entered in SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks]. In such cases Member States should take all necessary measures to ensure that no time-gap exist between the moment in which the third-country national leaves the Schengen areaexternal border of a Member State and the activation of the alert on the entry ban in SIS.
Amendment 26 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should establish clear guidance and mandatory rules for the consultation between national authorities to solve possible conflicting instructions and to ensure unified implementation of proposed measures through recognition of decisions and competencies between national authorities. Consultations should be carried out where third-country nationals who hold, or are being granted, a valid residence permit or other authorisation or right to stay by a Member State are subject to an alert on return issued by another Member State, or cases where conflicting situations may arise at entry in the territories of the Member States.
Amendment 30 #
Proposal for a regulation
Recital 16
Recital 16
(16) Data processed in SIS or transferred through the exchange of supplementary information may provide to the enforcing Member State information that is useful for the rapid identification and re- documentation of illegally staying third- country nationals, in view of their return to a third country. In individual cases, it should be possible to share such data and information with a third country for this purpose. However, this should only occur after a final decision on return has been taken. Sharing of any personal data should be subject to clear conditions, should be carried out in accordance with the provisions of Regulation (EU) 2016/679 and be conducted with the agreement of the Member State that issued the alert.
Amendment 80 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Data processed in SIS and the related supplementary information pursuant to this Regulation may be transferred or made available to a third-country in accordance with Chapter V of Regulation (EU) 2016/679 with the authorisation of the issuing Member State, only for the purpose of identification of and issuance of an identification or travel document to an illegally staying-third country national in view of return. However, this shall concern individual cases and only occur after a final decision on return has been taken.