157 Amendments of Balázs HIDVÉGHI related to 2020/0279(COD)
Amendment 170 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Text with EEA relevance)
Amendment 177 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and, with full respect to national competences, frame a common policy on asylum, immigration and managementthe effective protection of the external borders of the Union, based on solidarity between Member States, which is fair towards third- country nationals.
Amendment 183 #
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner. The primary objective of the Union should be to prevent migratory flows. For this, the cornerstone of the policy should be the effective protection of external borders. This is a prerequisite for any workable and sustainable migration policy in the Union.
Amendment 197 #
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to swiftly return illegally staying third- country nationals, to prevent irregularllegal migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 208 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member Stateprincipally to reduce and prevent migration flows by eliminating pull factors and by effectively protecting the external borders and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.
Amendment 213 #
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively addressprevent the increasing inflows and to address the phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregularllegal arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively managface this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protecmigrants illegally crossing the borders should also fall within the scope of this Regulation.
Amendment 222 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to reflect the whole of government approach and ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, which is part of the comprehensive approach.
Amendment 227 #
Proposal for a regulation
Recital 7
Recital 7
(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.
Amendment 229 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 249 #
Proposal for a regulation
Recital 11
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration managementflows, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The Report should build upon the inputs of Member States and should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.
Amendment 256 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.
Amendment 278 #
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration managementsystem in the Union , whereby those who do not have the right to stay on Union territory should be swiftly returned. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need.
Amendment 294 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State. The mechanism should be based on voluntary choice, tailored to the individual capabilities of the Member States, taking into account their national specificities.
Amendment 304 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 313 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 327 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 338 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 347 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 353 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 367 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 383 #
Proposal for a regulation
Recital 24
Recital 24
(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Council, based upon the proposal of the Commission, should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.
Amendment 393 #
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission in its proposal for a report, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregularllegal border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor- made to the needs of the Member State in question and building on the national specificities and individual capabilities of contributing Member States.
Amendment 400 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) When it comes to solidarity, Member States should be able to choose the form of solidarity through which they wish to contribute. The border protection efforts of Member States should be considered as solidarity contributions. Relocation as well as return sponsorship should remain only voluntary instruments of solidarity. Capacity building contributions, operational support as well as measures taken in the external dimension of migration should be taken into account as solidarity contributions.
Amendment 408 #
Proposal for a regulation
Recital 26
Recital 26
(26) Only persons who are more likely to have a right to stay in the Union shouldalready granted international protection can be relocated. Therefore, the scope of relocation of applicants for international protection should be limited to those who are not subject to the border procedure set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation]were already granted international protection. Furthermore, relocation can only be a voluntary measure based on the explicit agreement of Member States.
Amendment 415 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 Return sponsorship can never result in becoming a delayed form of mandatory relocation. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 430 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States under pressure, they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.
Amendment 441 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.
Amendment 453 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the CommissioContributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan.
Amendment 458 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 466 #
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should be able to take, at its own initiative or at the request of another Member State, any other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure.
Amendment 498 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to managface migration challenges, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
Amendment 509 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 520 #
Proposal for a regulation
Recital 39
Recital 39
(39) At the same time, and given the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long-term resident status in a shorter period of time should be provided for. Beneficiaries of international protection should be able to obtain long- term resident status in the Member State which granted them international protection after threfive years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly. _________________ 42Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.
Amendment 540 #
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability. However, special attention should be made to ensure that such special guarantees are not abused.
Amendment 542 #
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family life should be a primary consideration of Member States when applying this Regulation. However, special attention should be taken that the provisions ensuring the respect for family life are not abused.
Amendment 563 #
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU only when the applicant is a minor under the age of 14.
Amendment 590 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 594 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 612 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant, including the rejection of his or her application, and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 646 #
Proposal for a regulation
Recital 58
Recital 58
(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notificationrequests, as well as for making and deciding on appeals, should be streamlined and shortened.
Amendment 666 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure a clear and efficient relocWhen Member States decide to voluntarily relocate beneficiaries of international proceduretection, specific rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of voluntary relocation except where they are not relevant for such a procedure.
Amendment 674 #
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as aany solidarity measure, financial support from the Union budget should be provided. In Border to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be providedprotection efforts of Member States, including the financing of physical barriers at external borders should be supported financially from the Union budget.
Amendment 682 #
Proposal for a regulation
Recital 64
Recital 64
(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of take charge requests or take back notificationrequests, or establishing procedures for the performance of transfers.
Amendment 706 #
Proposal for a regulation
Recital 72
Recital 72
(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notificationrequests; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 710 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 724 #
Proposal for a regulation
Recital 78
Recital 78
(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressure, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). When doing so, the Union shall respect the national competences of Member States. In accordance with the principle of proportionality, as set out in that Article, this Regulation doesshall not go beyond what is necessary in order to achieve that objective.
Amendment 742 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum and migration in the Union;
Amendment 782 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed in the country of origin before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States:
Amendment 809 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings of the applicant; provided that the applicant is a minor below the age of 14;
Amendment 833 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
Amendment 836 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 842 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the action by which an applicant person does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s controlfailure to notify absence from a particular accommodation centre, or assigned area or residence;
Amendment 851 #
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in Chapters I-III of Part IV of this Regulation;,
Amendment 868 #
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless persperson who was already granted international protection from the territory of a benefitting Member State to the territory of a contributing Member State with the explicit consent of the contributing Member State;
Amendment 900 #
Proposal for a regulation
Part II – title
Part II – title
II COMMON FRAMEWORK FOR ASYLUM AND MIGRATION MANAGEMENT
Amendment 903 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Comprehensive approach to asylum and migration management
Amendment 909 #
The Union and the Member States shall take actions in the field of asylum and migration management on the basis of a comprehensive approach and with full respect to national competences. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration managementflows to the European Union, and shall consist of the following components:
Amendment 918 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregularllegal migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregularllegal migration and migrant smuggling, and enhancing cooperation on readmission;
Amendment 926 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) close cooperation and mutual partnership among Union institutions and bodies, Member States and international organisations with full respect to national competences;
Amendment 940 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregularllegal migration;
Amendment 943 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective managementprotection of the Union’s external borders, based on the European integrated border management, including search and rescue operations, and ensuring adequate Union funding to the protection of the EU’s external borders, also covering the additional costs of physical barriers;
Amendment 950 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 967 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms fora fair balance between responsibility and solidarity;
Amendment 981 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
Amendment 990 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) measures aimed at reducing and tackling the enabling factors of irregularllegal migration to and illegal stay in the Union, including illegal employment;
Amendment 1006 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies with full respect to national competences.
Amendment 1014 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.
Amendment 1018 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.
Amendment 1028 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1039 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the swift return of those who are illegally staying;
Amendment 1052 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregularllegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling;
Amendment 1063 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide support to other Member States in the form of flexible solidarity contributions tailored to the individual capabilities of the Member States, taking into account their national specificities and on the basis of needs set out in Chapters I-III of Part IV;
Amendment 1085 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 1092 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 1128 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension with regard to external and internal factors influencing migratory flows. The Commission shall build on the inputs by Member States when drawing up the report. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third- country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.
Amendment 1131 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first European Asylum and Migration Management Strategy shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Migration Management Report shall be issued by [one year after the entry into force of this Regulation] at the latest.
Amendment 1192 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1207 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State or the internal security of the EU as a whole as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.
Amendment 1211 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State or to the internal security of the EU as a whole, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.
Amendment 1244 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidence. The applicant shall fully cooperate in the recording of his or her biometric data.
Amendment 1270 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. In case the applicant does not cooperate with the authorities, thereby unduly delaying the procedure, his or her application should be rejected.
Amendment 1284 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass a choice by the applicant in relation to either the Member State responsible for examining the application for international protection or the Member State of relocation;
Amendment 1288 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1), as well as of the consequences of non-cooperation with the authorities;
Amendment 1307 #
Proposal for a regulation
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
(ea) of the obligation for the applicant to provide his or her biometric data;
Amendment 1334 #
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1418 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minor shall be involved in the process of establishing the Member State responsible under this Regulation. The representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose.
Amendment 1552 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the applicant is in possession of one or more residence documents which expired less than 6 months before the application was registered or one or more visas which expired less than threewo years before the application was registered, paragraphs 1, 2 and 3 shall apply.
Amendment 1558 #
Proposal for a regulation
Article 20
Article 20
Amendment 1578 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1643 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1646 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1657 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Where a Member State issues a residence document to the applicant, decides to apply Article 25, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 35, that Member State shall become the Member State responsible and the obligations laid down in Article 26 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of the applicant or has received a take back notificationrequest, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003.
Amendment 1660 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State or if the person's status is under review by the responsible Member State.
Amendment 1671 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation] or, where applicable, the Member State of relocation shall start the process of determining the Member State responsible without delay.
Amendment 1678 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Member State where an application is first registered or, where applicable, the Member State of relocation shall continue the process of determining the Member State responsible if the applicant leaves the territory of that Member State without authorisation or is otherwise not available to the competent authorities of that Member State.
Amendment 1731 #
Proposal for a regulation
Article 30 – paragraph 8
Article 30 – paragraph 8
8. Where the requested Member State does not object to the request within the one-month period set out in paragraph 1 by a reply which gives full and detailed reasonssubstantiated reasons based on all circumstances of the case, or where applicable within the two- week period set out in paragraphs 2 and 7, this shall be tantamount to accepting the request, and entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1737 #
III Procedures for take back notificationsrequests (This amendment applies through the whole text.)
Amendment 1751 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit.
Amendment 1758 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall confirm receipt of the notificationrequest to the Member State which made the notificationrequest within one week, unless the notifirequested Member State can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27. The requested Member State shall have the right to reply to the request and explain its reasons.
Amendment 1783 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notificationrequest as regards persons referred to in Article 26(1), point (b), (c) and (d) shall take a transfer decision at the latest within one week10 days of the acceptance or notification.
Amendment 1809 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (b), (c) and (d) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 1819 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall provide for a period of two week3 days after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 1824 #
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. The person concerned shall have the right to request, within a reasonable period of time3 days from the notification of the transfer decision, a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.
Amendment 1882 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeksone month from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notificationrequest shall not exceed one2 weeks from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one2 weeks of receipt of the take charge request. Failure to reply within the one2-weeks period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1885 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Where a person is detained pursuant to this Article, the transfer of that person from the requesting or notifying Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within foursix weeks of:
Amendment 1890 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 3
Article 34 – paragraph 3 – subparagraph 3
Amendment 1898 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by the administrative and judicial authorities. The detention order shall state the reasons in fact and in law on which it is based.
Amendment 1910 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 1911 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Amendment 2012 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. SThe form of solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shallshould be based on the free and voluntary choice of each Member State taking into account their national specificities. Solidarity contributions for the benefit of a Member State may consist of the following types:
Amendment 2026 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulatmeasures taken for the effective protection of the external borders of the European Union];
Amendment 2041 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) voluntary relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1)the implementation of the solidarity contribution;
Amendment 2048 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) capacity-building measurecontributions in the field of asylum, reception and return, operational support and measures aimed at responding to migratory trends affecting the benefitting Member State through cooperation with third countries.;
Amendment 2052 #
Proposal for a regulation
Article 45 – paragraph 1 – point d a (new)
Article 45 – paragraph 1 – point d a (new)
(da) operational support to the benefitting Member State such as the joint processing of cases, support in asylum management and reception capacities, border protection, countering human smuggling and trafficking, return and readmission, communication and information;
Amendment 2056 #
Proposal for a regulation
Article 45 – paragraph 1 – point d b (new)
Article 45 – paragraph 1 – point d b (new)
(db) measures taken in the external dimension of migration, especially through cooperation with third countries and taking help to territories in need;
Amendment 2057 #
Proposal for a regulation
Article 45 – paragraph 1 – point d c (new)
Article 45 – paragraph 1 – point d c (new)
(dc) any other form of solidarity agreed by the contributing and benefitting Member State.
Amendment 2069 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2085 #
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2101 #
Proposal for a regulation
Article 47
Article 47
Amendment 2138 #
Proposal for a regulation
Article 48
Article 48
Amendment 2183 #
Proposal for a regulation
Article 49
Article 49
Amendment 2215 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure. The Member State concerned should also be involved in and be duly informed of all stages of such assessment. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.
Amendment 2244 #
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehended in connection with an irregularllegal crossing of the external land, sea or air border;
Amendment 2253 #
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the actions taken by the Member State to protect the external borders, in particular the financial and human expenditures for the protection of external borders;
Amendment 2257 #
Proposal for a regulation
Article 50 – paragraph 3 – point k b (new)
Article 50 – paragraph 3 – point k b (new)
(kb) a comparison of actions and expenditures for the protection of external borders by Member States at each external border section.
Amendment 2277 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Commission shall submit the proposal for a report on migratory pressure to the European Parliament and to the Council within one month after the Commission informed them that it was carrying out an assessment pursuant to Article 50(2). The Commission shall communicate the proposal for a report on migratory pressure to the European Parliament.
Amendment 2280 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state whether it considers that the Member State concerned is under migratory pressure. The Council shall adopt the report on migratory pressure.
Amendment 2284 #
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commissionuncil concludes that the Member State concerned is under migratory pressure, the report of the Council shall identify:
Amendment 2293 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures and actions that the Member State under migratory pressure should take in the field of migration management, and, in particular in the field of asylum and return;
Amendment 2296 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point ii
Article 51 – paragraph 3 – point b – point ii
(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;
Amendment 2297 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2300 #
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. Where the Commission considers that a rapid response is required due to a developing situation in a Member State, it shall submit its reportproposal for a report to the Council within two weeks at the latest from the date on which it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment.
Amendment 2310 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States under pressure, shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2318 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2326 #
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Within two weeks from the adoption of the report referred to in Article 51, Member States shall submit to the Commission a Solidarity Response Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 51(3)(b)(ii) or, where relevant, the measures set out in Article 51(3)(b)(iii45(1) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 51(3)(b)(ii),45(1) they shall indicate the share of each.
Amendment 2334 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Where Member States indicate measures set out in Article 51(3)(b)(iii45(1) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.
Amendment 2340 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. Where the Commissionuncil considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Foruma special Council meeting. In such cases, the Commissionuncil shall invite Member States to adjust the type ofir contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.
Amendment 2343 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 2350 #
Amendment 2376 #
Proposal for a regulation
Article 54
Article 54
Amendment 2409 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
Amendment 2414 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
Amendment 2437 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or on its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund].
Amendment 2445 #
Proposal for a regulation
Article 57 – paragraph 1 – introductory part
Article 57 – paragraph 1 – introductory part
1. The procedure set out in this Article shall apply to: persons referred to in Article 45(1) point (c). Relocation under this Article should always be voluntary by the relocating Member State and may only concern persons who were already granted international protection. In the event of a security risk at any stage of the relocation process, the Member State of relocation may at any time refuse to relocate of that person.
Amendment 2453 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2).
Amendment 2463 #
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where rRelocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for ormay only apply if the concerned person is already a beneficiary ofor international protection, that Member State shall take into account, wher. Where relocation is to be applicabled, the existence of meaningful links between the person concerned and the Member State of relocation. Where thebenefitting Member State shall identifiedy the person to be relocated is a beneficiary for international protection, ts who could be relocated. The person concerned shall be relocated only after the contributing Member State as well as that person consented to the relocation in writing.
Amendment 2465 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Amendment 2468 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Amendment 2480 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 2488 #
Proposal for a regulation
Article 57 – paragraph 6
Article 57 – paragraph 6
6. The Member State of relocation shall examine the information transmitted by the benefitting Member State pursuant to paragraph 5, and verify that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. as well as for the whole of the EU. For this, the Member State may carry out a personal interview prior to relocation if any security concern occurs regarding the person concerned.
Amendment 2513 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 2519 #
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 2524 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Where the Member State of relocation hasHaving relocated a beneficiary for international protection voluntarily, the Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.
Amendment 2528 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
Amendment 2541 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund]should be made available from the Union budget for all forms of solidarity contributions by Member States, including the financing of physical barriers at the external borders of the EU.
Amendment 2568 #
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1 – point a
Article 71 – paragraph 1 – subparagraph 1 – point a
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be threfive years.
Amendment 2590 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2 Regulation (EU) 2021/1147
Article 72 – paragraph 1 – point 2 Regulation (EU) 2021/1147
3a. A Member State shall receive a significant contribution amounting at least to the half of the total costs to cover the protection of external borders of the Union, including the financing of physical barriers at the external borders of the Union. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)