BETA

40 Amendments of Tomáš ZDECHOVSKÝ related to 2016/0223(COD)

Amendment 106 #
Proposal for a regulation
Recital 1
(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation. _________________ 31 OJ L 337, 20.12.2011, p. 9. OJ L 337, 20.12.2011, p. 9.
2017/03/27
Committee: LIBE
Amendment 110 #
Proposal for a regulation
Recital 2
(2) A common policy on asylum, including a Common European Asylum System (CEAS) which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States.
2017/03/27
Committee: LIBE
Amendment 127 #
Proposal for a regulation
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised.
2017/03/27
Committee: LIBE
Amendment 129 #
Proposal for a regulation
Recital 6
(6) A Regulation is therefore necessary to ensure a more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.deleted
2017/03/27
Committee: LIBE
Amendment 136 #
Proposal for a regulation
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply commona set of basic criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of basic rights is available for those persons in all Member States.
2017/03/27
Committee: LIBE
Amendment 157 #
Proposal for a regulation
Recital 13
(13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation.
2017/03/27
Committee: LIBE
Amendment 161 #
Proposal for a regulation
Recital 14
(14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When applying this Regulation, Member States' authorities should take into account operational standards, indicative guidelines, and best practices developed by the European Union Agency for Asylum [the Agency]. When assessing applications for international protection, Member States' authorities should take particularinto account of the information, reports, common analysis and guidance on the situation in countries of origin developed at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation34 _________________ 34 COM(2016)271 final.
2017/03/27
Committee: LIBE
Amendment 174 #
Proposal for a regulation
Recital 21
(21) It is necessary to introduce commonbasic criteria for recognising applicants for asylum as refugees within the meaning of Article 1 of the Geneva Convention.
2017/03/27
Committee: LIBE
Amendment 187 #
Proposal for a regulation
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority.
2017/03/27
Committee: LIBE
Amendment 195 #
Proposal for a regulation
Recital 28
(28) It is equally necessary to introduce a common concept of the persecution ground ‘membership of a particular social group’. For the purposes of defining a particular social group, issues arising from an applicant’s gender, including gender identity and sexual orientation, which may be related to certain legal traditions and customs, resulting in for example genital mutilation, forced sterilisation or forced abortion, should be given due consideration in so far as they are related to the applicant’s well-founded fear of persecution.deleted
2017/03/27
Committee: LIBE
Amendment 196 #
Proposal for a regulation
Recital 28
(28) It is equally necessary to introduce a common concept of the persecution ground ‘membership of a particular social group’. For the purposes of defining a particular social group, issues arising from an applicant’s gender, including gender identity and sexual orientation, which may be related to certain legal traditions and customs, resulting in for example genital mutilation, forced sterilisation or forced abortion, should be given due consideration in so far as they are related to the applicant’s well-founded fear of persecution.deleted
2017/03/27
Committee: LIBE
Amendment 233 #
Proposal for a regulation
Recital 41
(41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.deleted
2017/03/27
Committee: LIBE
Amendment 267 #
Proposal for a regulation
Recital 50
(50) Equal treatment should be provided for beneficiaries of international protection with nationals of the Member State granting protection as regards social security.deleted
2017/03/27
Committee: LIBE
Amendment 278 #
Proposal for a regulation
Recital 52
(52) Access to healthcare, including both physical and mentalbasic healthcare, should be ensured to beneficiaries of international protection.
2017/03/27
Committee: LIBE
Amendment 286 #
Proposal for a regulation
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shallould have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory.
2017/03/27
Committee: LIBE
Amendment 290 #
Proposal for a regulation
Recital 56
(56) Since the objectives of this Regulation, namely to establish standards for the granting of international protection to third-country nationals and stateless persons by Member States, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, 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 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectivesdeleted
2017/03/27
Committee: LIBE
Amendment 335 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
2017/03/27
Committee: LIBE
Amendment 349 #
Proposal for a regulation
Article 4 – paragraph 2
2. The elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous applications [for international protection and results of any expedited resettlement procedure as defined by Regulation (EU) no XXX/XX [Resettlement regulation]], travel routes, travel documents and the reasons for applying for international protection.
2017/03/27
Committee: LIBE
Amendment 401 #
Proposal for a regulation
Article 7 – paragraph 3
3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities shall base themselves onmay take into account any guidance provided in relevant Union law, in particular available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].
2017/03/27
Committee: LIBE
Amendment 411 #
Proposal for a regulation
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shall be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. The applicant shall not be required to prove that, before seeking international protection, he or she has exhausted all possibilities to obtain protection in his or her country of origin.
2017/03/27
Committee: LIBE
Amendment 416 #
Proposal for a regulation
Article 8 – paragraph 3
3. In examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin in accordance with paragraph 1, determining authorities shallmay at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant in accordance with Article 4. To that end, determining authorities shall ensure that precise and up-to-date information is obtained from all relevant sources, including available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum], as well as information and guidance issued by the United Nations High Commissioner for Refugees.
2017/03/27
Committee: LIBE
Amendment 418 #
Proposal for a regulation
Article 8 – paragraph 4
4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant.
2017/03/27
Committee: LIBE
Amendment 434 #
(d) the concept of a particular social group shall include, in particular, a group where: - members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, and - that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society; depending on the circumstances in the country of origin, the concept might include a group based on a common characteristic of sexual orientation (a term which cannot be understood to include acts considered to be criminal in accordance with national law of the Member States); gender related aspects, including gender identity, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group;deleted
2017/03/27
Committee: LIBE
Amendment 450 #
Proposal for a regulation
Article 10 – paragraph 3
3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity, to avoid the risk of persecution in his or her country of origin, provided such practices and behaviour is not contradicting Union law and norms.
2017/03/27
Committee: LIBE
Amendment 460 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) shall base itself ontake into account precise and up- to-date information obtained from all relevant sources, including Union level country of origin information and common analysis of country of origin information referred to in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
2017/03/27
Committee: LIBE
Amendment 465 #
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
(aa) he or she has planned, facilitated or participated in the commission of terrorist offences.
2017/03/27
Committee: LIBE
Amendment 466 #
Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)
(ab) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
2017/03/27
Committee: LIBE
Amendment 515 #
Proposal for a regulation
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall only take effect threone months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national lawunless specified otherwise.
2017/03/27
Committee: LIBE
Amendment 556 #
Proposal for a regulation
Article 17 – paragraph 2 – point b
(b) shall base itself on precise andtake into account up- to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
2017/03/27
Committee: LIBE
Amendment 566 #
Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)
(ea) he or she has planned, facilitated or participated in the commission of terrorist offences.
2017/03/27
Committee: LIBE
Amendment 568 #
Proposal for a regulation
Article 18 – paragraph 1 – point e b (new)
(eb) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
2017/03/27
Committee: LIBE
Amendment 586 #
Proposal for a regulation
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateunless sperson with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national lawcified otherwise.
2017/03/27
Committee: LIBE
Amendment 636 #
Proposal for a regulation
Article 25 – paragraph 2
2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall in principle not extend beyond the date of expiry of the residence permit held by the beneficiary of international protection.
2017/03/27
Committee: LIBE
Amendment 680 #
Proposal for a regulation
Article 26 – paragraph 3
3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the threone month period referred to in those provisions.
2017/03/27
Committee: LIBE
Amendment 703 #
Proposal for a regulation
Chapter 7 – section 3 – title
Rights and obligations related to integration
2017/03/27
Committee: LIBE
Amendment 716 #
Proposal for a regulation
Article 33
Beneficiaries of international protection shall enjoy equal treatment with nationals of the Member State that has granted protection with regard to sArticle 33 deleted Social security.
2017/03/27
Committee: LIBE
Amendment 729 #
Proposal for a regulation
Article 35 – title
Basic Healthcare
2017/03/27
Committee: LIBE
Amendment 731 #
Proposal for a regulation
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to basic healthcare under the same eligibility conditions as nationals of the Member State that has granted such protection.
2017/03/27
Committee: LIBE
Amendment 751 #
Proposal for a regulation
Article 37 – paragraph 1
1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States who are in a comparable situation.
2017/03/27
Committee: LIBE
Amendment 770 #
Proposal for a regulation
Article 38 a (new)
Article 38a Obligations 1. Beneficiaries of international protection shall have the obligation to respect and comply with the Union and national law of the Member State. 2. Beneficiaries of international protection shall have the obligation to respect the culture, language and social norms of the Member State. 3. Beneficiaries of international protection shall have the obligation to do their utmost to integrate in the Member State and use the integration possibilities provided, such as learning the official language of the Member State.
2017/03/27
Committee: LIBE