50 Amendments of Balázs HIDVÉGHI related to 2016/0224(COD)
Amendment 92 #
Proposal for a regulation
Recital 40
Recital 40
(40-a) All the procedural steps relating to the implementation of this regulation should be designed and applied in a way that is in line with fundamental rights, including the prohibition of inhuman and degrading treatment as prescribed for in Articles 3 ECHR and 4 Charter, the right to asylum as enshrined in Article 18 Charter and the principle of non- refoulement in Article 19 Charter.
Amendment 98 #
Proposal for a regulation
Recital 40a
Recital 40a
(40a) ‘ The purpose of the border procedure for asylum and return should be to quickly assess at the external borders whether applications are unfounded or inadmissiblefor international protection and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelentitled into the regular procedure and providedprotection have quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances,pplications. Member States should be able to provide for the examination of the merits of an application in the border procedure and, in the event of rejection of the application, for the return of the third- country nationals and stateless persons concerned at the external borders.
Amendment 102 #
Proposal for a regulation
Recital 40b
Recital 40b
(40b) Member State should assess all applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than 20% of the total number of decisions for that third country. In other cases, such as when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member Statesithout allowing entry into the territory of the Member State during the procedure.
Amendment 115 #
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applyingIn the border procedure, for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border of that Member States where appropriate facilities exist. Member States may also transfer those illegally staying nationals who were apprehended on the territory of the Member States to such appropriate facilities in order to conduct the border procedure. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity at border crossing points, or sections of the external border, where the majority of the number of applications for international protection are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried out. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 123 #
Proposal for a regulation
Recital 40d
Recital 40d
Amendment 134 #
Proposal for a regulation
Recital 40e
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 125 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision on the first level of appeal is issued within this maximum 125 week. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territoryEntry into the territory should not be authorised without a positive decision ofn the Member State. Entry into the territory should however not be authoriseapplication and where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 12 week4 months. This period should be counted starting from the moment in which the applicant, third- country national or stateless person no longer has a right to remain or is no longer allowed to remain.
Amendment 158 #
Proposal for a regulation
Recital 40i
Recital 40i
(40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of their application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive]. An applicant, third-country national or stateless person who was not detained during the border procedure for the examination of an application for international protection, and who no longer has a right to remain and has not been allowed to remain, could also be detained for the purpose of preventing entry into the territory of the Member State, if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. Detention should be for as short a period as possible and should not exceed the maximum duration of the border procedure for carrying out return. When the illegally staying third-country national does not return or is not removed within that period and the border procedure for carrying out return ceases to apply, the provisions of the [recast Return Directive] should apply. TWhe maximum period of detention set by Article 15 of that Directive should include the period of detention applied during the border procedure for carrying our returnn the return decision cannot be enforced within 4 months, the third country national may further be detained in accordance with Article 18 [recast Return Directive].
Amendment 161 #
Proposal for a regulation
Recital 40j
Recital 40j
Amendment 167 #
Proposal for a regulation
Recital 44a
Recital 44a
(44a) ‘'An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented and there is no risk of refoulement and provided that the application is made within one year of the decision by the determining authority on the first application. The determining authority shall issue a decision under national law confirming that these criteria are fulfilled in order for the applicant not to be authorised to remain. ’
Amendment 174 #
(65) ‘For a'An applicant has to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, all effects of the return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory of a Member State. To improve the effectiveness of procedures at the external border, while ensuring the respect of the right to an effective remedy, appeals against decisions taken in the context of the border procedure should take place only before a single level of jurisdiction of a court or tribunal.
Amendment 180 #
Proposal for a regulation
Recital 66
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, wWhere applications are likely to be unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal.
Amendment 220 #
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
(i) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 250% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 250% or lower cannot be considered as representative for their protection needs;’
Amendment 226 #
Proposal for a regulation
Article 40 – point b – paragraph 5 – point c
Article 40 – point b – paragraph 5 – point c
(c) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 250% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 250% or lower cannot be considered as representative for their protection needs;’
Amendment 231 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State mayshall examine an application in a border procedure where that application has been made by a third-country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure mayshall take place: in all cases.
Amendment 233 #
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
Amendment 236 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
Amendment 241 #
Proposal for a regulation
Article 41 – paragraph 1 – point c
Article 41 – paragraph 1 – point c
Amendment 245 #
Proposal for a regulation
Article 41 – paragraph 1 – point d
Article 41 – paragraph 1 – point d
Amendment 248 #
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1a. If an unaccompanied minor is under the age of 14, the border procedure shall not apply.
Amendment 251 #
Proposal for a regulation
Article 41 – paragraph 2 – introductory part
Article 41 – paragraph 2 – introductory part
2. WhereIn a border procedure is applied, decisions may be taken on the following:
Amendment 257 #
Proposal for a regulation
Article 41 – paragraph 2 – point b
Article 41 – paragraph 2 – point b
(b) the merits of an application in an accelerated examination procedure in the cases referred to in Article 40(1).
Amendment 258 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
Amendment 268 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 284 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 303 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 9 and 11.
Amendment 307 #
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. When applying the border procedure, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], without prejudice tothe timeframe for establishing the Member State responsible shall not be part of the deadlines establishedlaid down in paragraph 11.
Amendment 312 #
Proposal for a regulation
Article 41 – paragraph 8
Article 41 – paragraph 8
Amendment 315 #
Proposal for a regulation
Article 41 – paragraph 9
Article 41 – paragraph 9
Amendment 335 #
Proposal for a regulation
Article 41 – paragraph 9 a (new)
Article 41 – paragraph 9 a (new)
9a. Without prejudice to the legal situation of non-entry, for serious illnesses where it is not possible to provide appropriate medical care at the border, the applicant could be transferred to the territory of the Member States to receive such medical care.
Amendment 339 #
Proposal for a regulation
Article 41 – paragraph 10
Article 41 – paragraph 10
10. By way of derogation from Article 28 of this Regulation, applications subject to a border procedure shall be lodged no later than fivone days from registration for the first time or, following a relocation in accordance with Article [x] of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], five daysone day from when the applicant arrives in the Member State responsible following a transfer pursuant to Article 56(1), point (e), of that Regulation.
Amendment 342 #
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 1
Article 41 – paragraph 11 – subparagraph 1
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 125 weeks from when the application is registered. Following that period, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicable.
Amendment 351 #
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 2
Article 41 – paragraph 11 – subparagraph 2
By way of derogation from the time limits set in Articles 34, 40(2) and 55, Member States shall lay down provisions on the duration of the examination procedure and of the appeal procedure which ensure that, in case of an appeal against a decision rejecting an application in the framework of the border procedure, the decision on such appeal is issued within 125 weeks from when the application is registered.
Amendment 353 #
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – introductory part
Article 41 – paragraph 12 – subparagraph 1 – introductory part
12. By way of derogation from paragraph 11 of this Article, tThe applicant shall not be authorised to enter the Member State’s territory where:until a positive decision on the merits of the application is rendered granting international protection to the applicant.
Amendment 358 #
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point a
Article 41 – paragraph 12 – subparagraph 1 – point a
Amendment 361 #
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point b
Article 41 – paragraph 12 – subparagraph 1 – point b
Amendment 366 #
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point c
Article 41 – paragraph 12 – subparagraph 1 – point c
Amendment 374 #
Proposal for a regulation
Article 41 – paragraph 13
Article 41 – paragraph 13
13. During the examination of applications subject to ain the border procedure, the applicants shall be kept at or in proximity to the external border or transit zones. Each Member State shall notify to the Commission, [twosix months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out, at the external borders, in the proximity to the external border or transit zones, including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. Any changes in the identification of the locations at which the border procedure is applied, shall be notified to the Commission twosix months in advance of the changes taking effect in order to ensure that Member States have enough time to identify new locations.
Amendment 388 #
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 14 is temporarily insufficient to process the applicants covered by paragraph 3, Member States may designate other locations within the territory of the Member State and upon notification to the Commission to accommodate applicants there, on a temporary basis and for the shortest time necessary.
Amendment 407 #
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 12 week4 months in locations at or in proximity to the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territory. The 12- week4 months period shall start from when the applicant, third-country national or stateless person no longer has a right to remain and is not allowed to remain.
Amendment 411 #
Proposal for a regulation
Article 41 a – paragraph 3 a (new)
Article 41 a – paragraph 3 a (new)
3a. When the return decision cannot be enforced within the maximum period referred to in paragraph 2, Member States shall continue return procedures in accordance with Directive XXX/XXX/EU [Return Directive]. Persons referred to in this paragraph shall not be authorised to enter the territory of the Member State.
Amendment 416 #
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 who have not been detained may be granted a period for voluntary departure not exceeding 15 days.
Amendment 427 #
Proposal for a regulation
Article 41 a – paragraph 6
Article 41 a – paragraph 6
6. Persons referred to in paragraph 1 who no longer have a right to remain and are not allowed to remain, and who were not detained during the procedure referred to in Article 41, may be detained for the purpose of preventing entry into the territory of the Member State, if there is a risk of absconding within the meaning of Directive XXX/XXX/EU [Return Directive], if they avoid or hamper the preparation of return or the removal process or they pose a risk to public policy, public security or national security.
Amendment 430 #
Proposal for a regulation
Article 41 a – paragraph 7
Article 41 a – paragraph 7
7. Detention shall be maintained for as short a period as possible, as long as removal arrangements are in progress and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6). When the return decision cannot be enforced within the maximum period referred to in paragraph 2, the third-country national may be further detained in accordance with Article 18 of Directive XXX/XXX/EU [Return Directive].
Amendment 438 #
Proposal for a regulation
Article 41 a – paragraph 8
Article 41 a – paragraph 8
8. Member States that have decided not to apply Directive XXX/XXX/EU [Return Directive] pursuant to Article 2(2), point (a) of that Directive, following the rejection of an application in the context of the procedure referred to in Article 41, may issue a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, and that have decided not to apply Directive XXX/XXX/EU [Return Directive] in such cases pursuant to Article 2(2), point (a), of that Directive, shall ensure that the treatment and level of protection of the third-country nationals and stateless persons subject to a refusal of entrytheir national procedures are in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and are equivalent to the ones set out in paragraphs 2, 4 and 7 of this Article.’
Amendment 444 #
Proposal for a regulation
Article 43 – subparagraph 2 – point c
Article 43 – subparagraph 2 – point c
(c) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, pending the finalisation of the decision declaring that application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented in accordance with Article 42(4)’
Amendment 482 #
Proposal for a regulation
Article 53 – paragraph 7 – point a
Article 53 – paragraph 7 – point a
Amendment 485 #
Proposal for a regulation
Article 53 – paragraph 7 – point b
Article 53 – paragraph 7 – point b
(b) between a minimum of two weeks and a maximum of two monthsone week in all other cases.
Amendment 512 #
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum] (b) [safe third country] or (c) [subsequent applications without new elements];
Amendment 517 #
Proposal for a regulation
Article 54 – paragraph 3 a (new)
Article 54 – paragraph 3 a (new)
3a. The applicant shall not have the right to remain pursuant to Article 2 in the case of a subsequent application after the termination of the previous procedure with final effect.
Amendment 528 #
Proposal for a regulation
Article 54 – paragraph 5 – point a
Article 54 – paragraph 5 – point a
(a) the applicant shall have a time-limit of at least 53 days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;