97 Amendments of Péter NIEDERMÜLLER related to 2018/0329(COD)
Amendment 123 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common standards and procedures in Member States for returning illegalrregularly staying third-country nationals (recast) A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 129 #
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including refugee protection and human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective European return policy which serves as a deterrent to irregular migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 136 #
Proposal for a directive
Recital 6
Recital 6
(6) Member States should ensure that the ending of illegalrregular stay of third- country nationals is carried out through a fair and transparent procedure. According to general principles of EU law, decisions taken under this Directive should be adopted on a case-by-case basis and based on objective criteria, implying that consideration should go beyond the mere fact of an illegalrregular stay. When using standard forms for decisions related to return, namely return decisions and, if issued, entry-ban decisions and decisions on removal, Member States should respect that principle and fully comply with all applicable provisions of this Directive.
Amendment 139 #
Proposal for a directive
Recital 7
Recital 7
Amendment 148 #
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegalrregularly staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement.
Amendment 150 #
Proposal for a directive
Recital 10
Recital 10
(10) In accordance with Council Directive 2005/85/EC12 , a third-country national who has applied for asylum in a Member State should not be regarded as staying illegalrregularly on the territory of that Member State until a negative decision on the application, or a decision ending his or her right of stay as asylum seeker has entered into force. __________________ 12Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).
Amendment 154 #
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding existsand limited criteria.
Amendment 157 #
Proposal for a directive
Recital 12
Recital 12
Amendment 165 #
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return Voluntary return should always be preferred over forced return and an appropriate period for voluntary departure of thirty days should be granted. Member States should be able to decide to grandt an appropria shorter period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should beminimum 7 days and exceptionally not to granted. A a period for voluntary departure should not be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose agenuine and present risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 172 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
Amendment 178 #
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding five days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 182 #
Proposal for a directive
Recital 17
Recital 17
Amendment 193 #
Proposal for a directive
Recital 18
Recital 18
(18) An appeal against a return decision should always have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non- refoulement.
Amendment 198 #
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decision without undue delay.
Amendment 202 #
Proposal for a directive
Recital 20
Recital 20
Amendment 207 #
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon requestfree of charge, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessarylegal aid.
Amendment 210 #
Proposal for a directive
Recital 22
Recital 22
(22) The situation of third-country nationals who are staying illegalrregularly but who cannot yet be removed should be addressed. Their basic conditions of subsistence should be defined according to national legislation. In order to be able to demonstrate their specific situation in the event of administrative controls or checks, such persons should be provided with written confirmation of their situation. Member States should enjoy wide discretion concerning the form and format of the written confirmation and should also be able to include it in decisions related to return adopted under this Directive.
Amendment 214 #
Proposal for a directive
Recital 25
Recital 25
Amendment 219 #
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be limited, always used at last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient.
Amendment 227 #
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security.
Amendment 230 #
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficientThe maximum period of detention should be two months, which may be prolonged, no more than two ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged, should be establishedtimes, which means up to a maximum period of six months, in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 234 #
Proposal for a directive
Recital 30
Recital 30
Amendment 244 #
Proposal for a directive
Recital 32
Recital 32
Amendment 255 #
Proposal for a directive
Recital 34
Recital 34
Amendment 259 #
Proposal for a directive
Recital 35
Recital 35
Amendment 265 #
Proposal for a directive
Recital 36
Recital 36
Amendment 273 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Union data protection legislation is applicable to any processing of personal data in the return management systems of the Member States, including the communication of this data to the central system operated by the European Border and Coast Guard Agency. Return management systems should respect the principles of lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability of the data controller. The national return management systems should not contain any information obtained during the personal interview carried out on the basis of Article 15 of Directive 2013/32/EU (Asylum Procedures Directive).
Amendment 276 #
Proposal for a directive
Recital 40
Recital 40
(40) The Union provides financial and operational support in order to achieve an effective implementation of this Directive. Member States should make best use of the available Union financial instruments, programmes and projects in the field of return, in particular under Regulation (EU) …/… [Regulation establishing the Asylum and Migration Fund], as well as of the operational assistance by the European Border and Coast Guard Agency according to Regulation (EU) …/… [EBCG Regulation]. Such support should be used in particular for establishing return management systems and programmes for providing logistical, financial and other material or in-kind assistance to support the return – and where relevant the reintegration – of illegalrregularly staying third- country nationals.
Amendment 283 #
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective and dignified implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interestonents of the European migration policy.
Amendment 285 #
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18 , or under Article 36 of Directive (EU) 2016/68019 , and have often not concluded or do not intend to concludeand have often not concluded a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should not be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680to authorities of third countries. __________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1). 19Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89).
Amendment 289 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive sets out common standards and procedures to be applied in Member States for returning illegalrregularly staying third- country nationals, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations.
Amendment 290 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to third- country nationals staying illegalrregularly on the territory of a Member State.
Amendment 293 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘illegalrregular stay’ means the presence on the territory of a Member State, of a third- country national who does not fulfil, or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in that Member State;
Amendment 298 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) a country of transit in accordance with Union or bilateral readmission agreements or other arrangements, or
Amendment 301 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘return decision’ means an administrative or judicial decision or act, stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return;
Amendment 322 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at leastexclusively include the following criteria:
Amendment 326 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 331 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 336 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 337 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 342 #
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 347 #
Proposal for a directive
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) non-compliance with the requirement of Article 8(2) to go immediately to the territory of another Member State that granted a valid residence permit or other authorisation offering a right to stay;
Amendment 348 #
Proposal for a directive
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
Amendment 354 #
Proposal for a directive
Article 6 – paragraph 1 – point m
Article 6 – paragraph 1 – point m
Amendment 357 #
Proposal for a directive
Article 6 – paragraph 1 – point n
Article 6 – paragraph 1 – point n
Amendment 359 #
Proposal for a directive
Article 6 – paragraph 1 – point o
Article 6 – paragraph 1 – point o
Amendment 361 #
Proposal for a directive
Article 6 – paragraph 1 – point p
Article 6 – paragraph 1 – point p
Amendment 375 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 377 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withfacilitate the cooperation between third-country nationals and the competent authorities of the Member States at all stages of the return procedures. That obligation shall include the following in particular:All information on the procedure shall be given to the third country nationals in a language which they understand.
Amendment 380 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the dutyThird country nationals cooperate to provide all the elements that are necessary for establishing or verifying identity;
Amendment 384 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the duty to remain present andThird country nationals remain available throughout the procedures;
Amendment 391 #
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 398 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 411 #
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
TERMINATION OF ILLEGALRREGULAR STAY
Amendment 413 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall issue a return decision to any third-country national staying illegalrregularly on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5.
Amendment 415 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Third-country nationals staying illegalrregularly on the territory of a Member State and holding a valid residence permit or other authorisation offering a right to stay issued by another Member State shall be required to go to the territory of that other Member State immediately. In the event of non-compliance by the third- country national concerned with this requirement, or where the third-country national’s immediate departure is required for reasons of public policy or national security, paragraph 1 shall apply.
Amendment 417 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States may refrain from issuing a return decision to a third-country national staying illegalrregularly on their territory if the third-country national concerned is taken back by another Member State under bilateral agreements or arrangements existing on 13 January 2009. In such a case the Member State which has taken back the third-country national concerned shall apply paragraph 1.
Amendment 419 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third- country national staying illegalrregularly on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 421 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. If a third-country national staying illegalrregularly on the territory of a Member State is the subject of a pending procedure for renewing his or her residence permit or other authorisation offering a right to stay, that Member State shall consider refraining from issuing a return decision, until the pending procedure is finished.
Amendment 425 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shallmay issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation].
Amendment 438 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application.
Amendment 448 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall notmay grant a period for voluntary departure of no less than seven days and exceptionally refrain from granting a period ofor voluntary departure in following cases :
Amendment 452 #
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) where there is a risk of absconding determined in accordance with Article 6 ;in case of explicit expression of non-compliance with return-related measures applied by virtue of the Directive or non-compliance with a measure aiming at preventing the risk of absconding.
Amendment 457 #
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
Amendment 469 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Those measures shall include all measures necessary to confirm the identity of illegalrregularly staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 479 #
Proposal for a directive
Article 12 – title
Article 12 – title
Return and removal of unaccompanied minors
Amendment 484 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 492 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Return decisions shallmay be accompanied by an entry ban:
Amendment 497 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 504 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case and shall not in principle exceed five years. It may however exceed five years if the third- country national represents a genuine and serious threat to public policy, public security or national security.
Amendment 510 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall set up, operate, maintain and further develop a national return management system, which shall process all the necessary information for implementing this Directive, in particular as regards the management of individual cases as well as of any return- related procedure, including reintegration in the country of return.
Amendment 515 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 517 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Member States shall 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 illegalrregularly 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 521 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Such assistance mayshall include support for reintegration in the third country of return.
Amendment 525 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Amendment 534 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall provide, upon request, a written or oral translation of the main elements of decisions related to return, as referred to in paragraph 1, including information on the available legal remedies in a language the third- country national understands or may reasonably be presumed to understand.
Amendment 536 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 537 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
Amendment 540 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Amendment 546 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 553 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing the appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breach the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio, during the examination of the appeal and until the decision on the appeal has been notified to the applicant.
Amendment 561 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 563 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
Amendment 574 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fiveof at least fifteen 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 581 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when:
Amendment 590 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a genuine and present risk to public policy, public security or national security.
Amendment 597 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximumlimited period of detention of not less than three months and not more than sixmaximum two months.
Amendment 600 #
Proposal for a directive
Article 18 – paragraph 6 – introductory part
Article 18 – paragraph 6 – introductory part
6. Member States may not extend the period referred to in paragraph 5 except for a limited period not exceeding a further twelvefour months in accordance with national law in cases where regardless of all their reasonable efforts the removal operation is likely to last longer owing to:
Amendment 609 #
Proposal for a directive
Article 20 – title
Article 20 – title
Amendment 612 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of timenever be detained.
Amendment 617 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be providedPending removal families and unaccompanied minors shall be provided with alternative measures to detention, with separate accommodation guaranteeing adequate privacy.
Amendment 622 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education.
Amendment 626 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Unaccompanied minors shall as far as possibleMinors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Amendment 629 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The best interests of the child shall be a primary consideration in the context of the detention of minors pending removalall situations.
Amendment 635 #
Proposal for a directive
Article 22
Article 22
Amendment 638 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall establish return procedures applicable to illegalrregularly staying third-country nationals subject to an obligation to return following a decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation].