19 Amendments of Balázs HIDVÉGHI related to 2018/0329(COD)
Amendment 348 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States may decide not to apply this Directive to third-country nationals in case of mass influx of migrants into their respected territory.
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) another third country in which he or she will be accepted;
Amendment 362 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
Article 3 – paragraph 1 – point 3 – point c b (new)
(cb) as a last resort, if the return to a third country referred to in points (a) to (d) cannot be enforced due to lack of cooperation in the return process by either the third country or the third- country national, any third country with which there is an EU or bilateral agreement on the basis of which the third- country national is accepted, and is allowed to remain, where international human rights standards according to the International Covenant on Civil and Political Rights are respected, and provided that no international, European or national rules prevent the return. When the return is carried out to a third country, which has a common border with a Member State, the prior agreement of that Member State is required before starting negotiations on any such bilateral agreement.
Amendment 364 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
6. ‘entry ban’ means an administrative or judicial decision or act prohibiting entry into and stay on the territory of the Member States for a specified period, accompanying a return decision;
Amendment 406 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) illegal entry into the territory of the Member States or apprehension or interception relating to the irregular crossing by land, sea or air of the external border of a Member State;
Amendment 408 #
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) unauthorised movement to the territory of another Member State, including movement after transit through a third country or attempts to do so;
Amendment 409 #
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) explicit expression of intent of non- compliance with all return-related measures applied by virtue of this Directive or actions clearly demonstrating an intent not to comply with all of these measures;
Amendment 421 #
Proposal for a directive
Article 6 – paragraph 1 – point m
Article 6 – paragraph 1 – point m
(m) using false or forged identity or travel documents, destroying or otherwise disposing of existing documresidence permits or visas, or documents setting out the conditions of entry, destroying or otherwise disposing of such documents, using pseudonyms with fraudulent intents, orcommunicating other false information orally or in writing, refusing to provide fingerprintsbiometric data as required by Union or national law;
Amendment 429 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States may lay down additional objective criteria in their national legislation.
Amendment 434 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (d), (e), (f), (g), (h), (k), (l), (m), (n), (o), (p) and (pq) of paragraph 1 is fulfilled.
Amendment 466 #
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the duty to lodge to the competent authorities of third countries a request for obtaining a valid travel document, to provide all information and statements necessary to obtain such a document, and to cooperate with these authorities.
Amendment 476 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The elements referred to in point (a) of paragraph 1 shall include the third- country nationals’ statements and documentation in their possession regarding the identity, place and date of birth, nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation, and biometric data.
Amendment 516 #
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
Amendment 559 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall provide for an effective forced-return monitoring system. This system shall not involve the systematic implementation of a check on each forced return operation.
Amendment 591 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.
Amendment 613 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Member States shallmay establish programmes for providing logistical, financial and other material or in-kind assistance, in accordance with national legislation, for the purpose of supporting the return of illegally staying third-country nationals who are nationals of third countries listed in Annex I to Council Regulation 539/200130 . _________________ 30Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).
Amendment 620 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
The granting of such assistance, including its kind and extent, shall be subject to the cooperation of the third-country national concerned with the competent authorities of the Member States as provided for in Article 7 of this Directive, and may be subject to the conditions and grounds for exclusion laid down in national provisions, particularly with regard to reintegration assistance in the third country of origin. The assistance referred to in this paragraph shall not be granted as a rule to a third-country national who has already benefited from reintegration assistance provided by a Member State.
Amendment 659 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fivetwo days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 753 #
Proposal for a directive
Article 24 a (new)
Article 24 a (new)
Article 24a When the third country is considered not to be cooperating sufficiently with Member States with regard to readmission, Article 25(1)(a) of the Visa Code shall apply.