153 Amendments of Jussi HALLA-AHO related to 2016/0224(COD)
Amendment 196 #
Proposal for a regulation
Recital 2
Recital 2
(2) A common policy on asylum, including a Common European Asylum System 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 Statesaffordability, taking into account the absorption capacities of the receiving societies as well as maximal self-reliance of the applicants for international protection.
Amendment 204 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States, and the withdrawal of international protection. Persons seeking international protection who are present on the territorial sea of a Member State should be disembarked on land and have their applications examined in accordance with this Regulation.
Amendment 209 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to applications for international protection in a procedure where it is examined whether the applicants qualify as beneficiaries of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). In addition to the international protection, the Member States may also grant under their national law other national humanitarian statuses to those who do not qualify for the refugee status or subsidiary protection status. In order to streamline the procedures in Member States, the Member States should have the possibility to apply this Regulation also to applications for any kind of such other protection.
Amendment 215 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 222 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Union Agency for Asylum should provide Member State with the necessary operational and technical assistance in the application of this Regulation, in particular by providing experts to assist national authorities to receive, and register, and examine applications for international protection and by providing updated information on third countries, including country of origin information and guidance on the situation in specific countries of origin. When applying this Regulation, Member States should take into account operational standards, indicators, guidelines and best practices developed by the European Union Agency for Asylum.
Amendment 225 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to the procedure, the opportunitybligation to cooperate and properly communicate with the responsible authorities so as to present theall relevant facts of his or her case and sufficient procedural guarantees to pursue his or her case throughout all stages of the procedure.
Amendment 229 #
Proposal for a regulation
Recital 13
Recital 13
(13) The applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application, as appropriate. For the right to a personal interview to be effective, the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner. The applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor, and he or she may be assisted by the legal adviser or counsellor during the interview. The personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel, including where necessary, personnel from authorities of other Member States or experts deployed by the European Union Agency for Asylum. The personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control or when the application is clearly inadmissible. Given that the personal interview is an essential part of the examination of the application, the interview should be recorded and the applicants and their legal advisers should be given access to the recording, as well as to the report or transcript of the interview before the determining authority takes a decision, or in the case of an accelerated examination procedure, at the same time as the decision is made.
Amendment 234 #
Proposal for a regulation
Recital 14
Recital 14
(14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision- making. For that purpose, access to legal assistance and representation should be an integral part of the common procedure for international protection. In order to ensure the effective protection of the applicant's rights, particularly the right of defence and the principle of fairness, and to ensure the economy of the procedure, applicants should, upon their request and subject to conditions set out in this Regulation, be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure. The free legal assistance and representation should be provided by persons competent to provide them under national law.
Amendment 238 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain applicants may be in need of special procedural guarantees due, inter alia, to their age, gender, sexual orientation, gender identity, disability, serious illness, mental disorders or as a consequence of torture, rape or other serious forms of psychological, physical, sexual or gender-based violence. It is necessary to systematically assess whether an individual applicant is in need of special procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken. The indications that the applicant is in need of special procedural guarantees include, inter alia, signs of physical, mental or developmental disorders or disabilities as well as age-related vulnerabilities such as dementia.
Amendment 241 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure that the identification of applicants in need of special procedural guarantees takes place as early as possible, the personnel of the authorities responsible for receiving and registering applications should be adequately trained to detect signs of vulnerability signs and they should receive appropriate instructions for that purpose. Further measures dealing with identification and documentation of symptoms and signs of torture or other serious acts of physical or psychological violence, including acts of sexual violence, in procedures covered by this Regulation should, inter alia, be based on the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol)receive appropriate instructions for that purpose.
Amendment 250 #
Proposal for a regulation
Recital 18
Recital 18
(18) With a view to ensuring substantive equality between female and male applicants, examination procedures should be gender-sensitive. In particular, personal interviews should be organised in a way which makes it possible for both female and male applicants to speak about their past experiences in cases involving gender- based persecution. For this purpose, womenthe applicant should be given an effective opportunity to be interviewed separately from their spouse, partner or other family members. Where possible, women and girlsthe applicant should be provided with female interpreters and interviewers of the same sex. Medical examinations on women and girlthe applicants should be carried out by female medical practitioners of the same sex, in particular having regard to the fact that the applicant may have been a victim of gender-based violence. The complexity of gender-related claims should be properly taken into account in procedures based on the concept of first country of asylum, the concept of safe third country, the concept of safe country of origin and in the notion of subsequent applications.
Amendment 279 #
Proposal for a regulation
Recital 25
Recital 25
(25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national authorities by not providing all the elements necessary for the examination of the application and by not providing his or her fingerprints or facial image, or fails to lodge his or her application within the set time limit, the application cshould be rejected as abandoned, it is necessary that the applicant be informed of the consequences for not complying with those obligations.
Amendment 282 #
Proposal for a regulation
Recital 26
Recital 26
(26) To be able to fulfil their obligations under this Regulation, the personnel of the authorities responsible for receiving and registering applications should have appropriate knowledge and should receive the necessary training in the field of international protection, including when necessary with the support of the European Union Agency for Asylum. They should also be given the appropriate means and instructions to effectively perform their tasks.
Amendment 295 #
Proposal for a regulation
Recital 29
Recital 29
(29) To ensure that unaccompanied minors have effective access to the procedure, they should always be appointed a guardian. The guardian should be a person or a representative of an organisatinatural person appointed to assist and guide the minor through the procedure with a view to safeguard the best interests of the child as well his or her general well-being. Where necessary, the guardian should exercise legal capacity for the minor. In order to provide effective support to the unaccompanied minors, guardians should not be placed in charge of a disproportionate number of unaccompanied minors at the same time. Member States should appoint entities or persons responsible for the support, supervision and monitoring of the guardians in the performance of their tasks. An unaccompanied minor should lodge an application in his or her own name or through the guardian. In order to safeguard the rights and procedural guarantees of an unaccompanied minor, the time-limit for him or her to lodge an application should start to run from when his or her guardian is appointed and they meet. Where the guardian does not lodge the application within the set time limit, the unaccompanied minor should be given an opportunity to lodge the application on his or her name with the assistance of the determining authority. The fact that an unaccompanied minor chooses to lodge an application in his or her own name should not preclude him or her from being assigned a guardian.
Amendment 297 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to guarantee the rights of the applicants, decisions on all applications for international protection should be taken on the basis of the facts, objectively, impartially and on an individual basis after a thorough examination which takes into account all the elements provided by the applicant and the individual circumstances of the applicant. To ensure a rigorous examination of an application, the determining authority should take into account relevant, accurate and up-to-date information relating to the situation in the country of origin of the applicant obtained from the European Union Agency for Asylum and other sources such as the United Nations High Commissioner for Refugees. The determining authority should also take into account any relevant common analysis of country of origin information developed by the European Union Agency for Asylum. Any postponement of concluding the procedure should fully comply with the obligations of the Member States under Regulation (EU) No XXX/XXX (Qualification Regulation) and with the right to good administration, without prejudice to the efficiency and fairness of the procedure under this Regulation.
Amendment 302 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is necessary that decisions on applications for international protection are taken by authorities whose personnel has the appropriate knowledge and has received the necessary training in the field of international protection, and that they perform their activities with due respect for the applicable ethical principles. This should apply to the personnel of authorities from other Member States and experts deployed by the European Union Agency for Asylum deployed to assist the determining authority of a Member State in the examinregistration of applications for international protection.
Amendment 310 #
Proposal for a regulation
Recital 35
Recital 35
(35) Before determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX of the European Parliament and of the Council (Dublin Regulation),29 the first Member State in which an application has been lodged should examine the admissibility of that application when a country which is not a Member State is considered as a first country of asylum or safe third country for the applicant. In addition, an application should be considered to be inadmissible when it is a subsequent applicantion without new relevant elements or findings and when a separate application by a spouse, partner, dependent adult or minor is not considered to be justified. _________________ 29 OJ L […], […], p. […].
Amendment 313 #
Proposal for a regulation
Recital 36
Recital 36
(36) The concept of first country of asylum should be applied as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the Geneva Convention or the applicant would be provided sufficient protection in that country. In particular, the Member States should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection. Member States should proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the Geneva Convention or has otherwise enjoyed and will continue to enjoy sufficient protection, particularly as regards the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, and the right to family reunification in accordance with international human rights standards.
Amendment 318 #
Proposal for a regulation
Recital 37
Recital 37
(37) The concept of safe third country should be applied as a ground for inadmissibility where the applicant, due to a connection to the third country including one through which he or she has transited, can reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country. Member States should proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, that the applicant will have the possibility to receive protection in accordance with the substantive standards of the Geneva Convention or will enjoy sufficient protection, particularly as regards the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, and the right to family reunification in accordance with international human rights standards.
Amendment 329 #
Proposal for a regulation
Recital 39
Recital 39
(39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are serious national security or public concerns, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations. Furthermore, an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
Amendment 335 #
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than four weeks and after that period applicants should be allowed entry to the territory of the Member Stateeight weeks. It is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone, that the border procedure may be applied at locations in proximity to the border or transit zone. A border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
Amendment 342 #
Proposal for a regulation
Recital 42
Recital 42
(42) As long as an applicant can show good cause, the lack of documents on entry or the use of forged documentsdemonstrate a satisfactory explanation as to the lack of documents on entry should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure.
Amendment 351 #
Proposal for a regulation
Recital 44
Recital 44
(44) Where an applicant makes a subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. In those cases, following a preliminary examination, applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success, in accordance with the res judicata principle. The preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success. In case of subsequent applications, exceptions may be made to the individual's right to remain on the territory of a Member State after a subsequent application is rejected as inadmissible or unfounded, or in the case of a second or further subsequent applications, as soon as an application is made in any Member States following a final decision which had rejected a previous subsequent application as inadmissible, unfounded or manifestly unfounded.
Amendment 363 #
Proposal for a regulation
Recital 46
Recital 46
(46) The fact that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an appropriate individual examination of the application for international protection. By its very nature, the assessment underlying the designation can only take into account the general, civil, legal and political circumstances in that country and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in that country. For this reasonExceptionally, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe canmay no longer be considered relevant for him or her.
Amendment 370 #
Proposal for a regulation
Recital 47
Recital 47
(47) As regards the designation of safe third countries at Union level, this Regulation provides for having such a designation. Third countries should be designated as safe third countries at Union level by means of an amendment to this Regulation based on the conditions set out in this Regulation and after carrying out a detailed evidence-based assessment involving substantive research and broad consultation with Member States and relevant stakeholders.
Amendment 376 #
Proposal for a regulation
Recital 48
Recital 48
(48) The establishment of an EU common list of safe countries of origin and an EU common list for safe third countries should address some of the existing divergences between Member States’ national lists of safe countries. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at Union level or appearing on the EU common list as safe countries of origin, the establishment of such common designation or list should ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on the common list or who have a connection with a safe third country. This should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. For that reason, the possibility of using national lists or designations should come to an end within a period of five years from entry into force of this Regulation.
Amendment 380 #
Proposal for a regulation
Recital 49
Recital 49
(49) The Commission, assisted by the European Union Agency for Asylum, should regularly review the situation in third countries designated as safe third countries at Union level or that are on the EU common list of safe countries of origin and monitor the situation in prospective new countries with the aim of designating them as safe third countries at Union level or adding them to the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of such a third country, the Commission should be able to suspend the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a limited period of time by means of a delegated act in accordance with Article 290 of the Treaty on the Functioning of the European Union. Moreover, in this case, the Commission should propose an amendment for the third country not to be designated as a safe third country at Union level any longer or to remove that third country from the EU common list of safe country of origin within 3 months of the adoption of delegated act suspending the third country.
Amendment 385 #
Proposal for a regulation
Recital 50
Recital 50
(50) For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service and the information from Member States, the European Union Agency for Asylum, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the designation of a third country as a safe third country at Union level or the presence of a third country from the EU common list of safe country of origin for a period of sixthree months, with a possibility to renew that extension once. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 392 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission, with the assistance of the European Union Agency for Asylum, should regularly review the situation in third countries that have been removed from the EU common list of safe countries of origin or safe third countries and the prospective new such countries, including where a Member State notifies the Commission that it considers, based on a substantiated assessment, that, following changes in the situation of that third country, it fulfils again the conditions set out in this Regulation for being designated as safe. In such a case, Member States could only designate that third country as a safe country of origin or a safe third country at the national level as long as the Commission does not raise objections to that designation. Where the Commission considers that these conditions are fulfilled, it mayshould propose an amendment to the designation of safe third countries at Union level or to the EU common list of safe countries of origin so as to add the third country. In the case of a sudden change for the better in a prospective third country, the Commission could apply the procedure of a delegated act and propose a subsequent amendment to this Regulation in order to speed up the procedure.
Amendment 400 #
Proposal for a regulation
Recital 54
Recital 54
(54) Based on a range of sources of information, including in particular reporting from the European External Action Service and information from Member States, and the European Union Agency for Asylum, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant international organisations, a number of third countries are considered to qualify as safe countries of origin.
Amendment 427 #
Proposal for a regulation
Recital 63
Recital 63
(63) With respect to the withdrawal of refugee or subsidiary protection status, and in particular in view of the regular status review to be carried out on the basis of Regulation (EU) No XXX/XXX (Qualification Regulation), Member States should ensure that persons benefiting from international protection are duly informed of a possibleregular and mandatory reconsideration of their status and that they are given the opportunity to submit their point of view, within a reasonable time, by means of a written statement and in a personal interview, before the authorities can take a reasoned decision to withdraw their status.
Amendment 429 #
Proposal for a regulation
Recital 64
Recital 64
(64) Decisions taken on an application for international protection, including the decisions concerning the explicit or implicit withdrawal of an application, and the decisions on the withdrawal of refugee or subsidiary protection status should be subject to an effective remedy before a court or tribunal in compliance with all requirements and conditions laid down in Article 47 of the Charter. To ensure the effectiveness of the procedure, the applicant should lodge his or her appeal within a set time-limit. For the applicant to be able to meet those time-limits and with a view to ensuring effective access to judicial review, he or she should be able to be assisted by an interpreter as well as be entitled to free legal assistance and representation.
Amendment 434 #
Proposal for a regulation
Recital 65
Recital 65
(65) For an applicant to be able to exercise his or her right to an effective remedy, he or she should be allowed to remain on the territory of a Member State until the time-limit for lodging a first level of appeal expires, and when such a right is exercised within the set time-limit, pending the outcome of the remedy. It is only in limited cases set out in this Regulation that the suspensive effect of an appeal is not automatic and where the applicant would need to request the court or tribunal to stay the execution of a return decision or the court would act of its own motion to this effect. Where an exception is made to the right to a remedy with automatic suspensive effect.Nevertheless, the applicant's rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance, as well as by allowing sufficient time for the applicant to prepare and submit his or her request to the court or tribunal. Furthermore, in this framework, the court or tribunal should be able to examine the decision refusing to grant international protection in terms of fact and law. The applicant should be allowed to remain on the territory pending the outcome of the procedure to rule on whether or not he or she may remain. However, that decision should be taken within one month.
Amendment 442 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards the provision of information, and documents to the applicants and measures concerning applicants in need of special procedural guarantees including minors, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council34 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. _________________ 34 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 447 #
Proposal for a regulation
Recital 72
Recital 72
(72) In order to address sudden changes for the worse in a third country designated as a safe third country at Union level or included in the EU common list of safe countries of origin, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a period of sixthree months where the Commission considers, on the basis of a substantiated assessment, that the conditions set by this Regulation are no longer met. The opposite, designating a country as a safe third country at Union level or adding a country into the EU common list of safe countries of origin, should also be made possible by delegating powers to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement on Better Law- Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 515 #
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) 'guardian' means a person or an organisatinatural person appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;
Amendment 546 #
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. The determining authority of the Member State responsible may be assisted for the purpose of receiving, and registering and examining applications for international protection by:
Amendment 559 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The authorities applying this Regulation shall safeguard the confidentiality of any information about any individual application they obtain in the course of their work.
Amendment 597 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Where it is necessary for the examination of an application, the applicant mayshall be required by the responsible authorities to be searched or have his or her items, including the contents of electronic devices such as smartphones, tablets and laptops, searched. Without prejudice to any search carried out for security reasons, a search of the applicant's person under this Regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity.
Amendment 637 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The determining authority shallmay, when deemed feasible, provide applicants with the opportunity to communicate with United Nations High Commissioner for Refugees or with any other organiszation providing legal advice or other counsellingprofessional legal advice to applicants in accordance with national law.
Amendment 645 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The determining authority shall give applicants notice within a reasonable time of the decision taken on their application. Where a guardian, or legal adviser or other counsellor is legally representing the applicant, the determining authority may give notice of the decision to him or her instead of to the applicant.
Amendment 647 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Applicants shall have the rightbe allowed to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a decision in accordance with the administrative procedure provided for in Chapter III.
Amendment 657 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The responsible authorities of Member States mayshall revoke the applicant's right to remain on their territory during administrative procedure where:
Amendment 662 #
Proposal for a regulation
Article 9 – paragraph 3 – point b a (new)
Article 9 – paragraph 3 – point b a (new)
(b a) a person poses risk to the internal security or public order of the Member State.
Amendment 675 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In the substantive interview, the applicant shall be given an adequate opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and he or she shall provide all the elements at his or her disposal as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’s statements.
Amendment 682 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A person who conducts the substantive interview of an application shall not wear a military or law enforcement uniform.
Amendment 698 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
The absence of a personal interview pursuant to point (b) shall not adversely affect the decision of the determining authority. That authority shall give the applicant an effective opportunity to submit further information. When in doubt as to the condition of the applicant, the determining authority shallmay consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature.
Amendment 700 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant’s cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.
Amendment 723 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Applicants and their legal advisers or other counsellors shall have access to the report or the transcript and the recording before the determining authority takes a decision.
Amendment 728 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording or the transcript for ten years from the date of a final decision. The recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 735 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their applications at all stages of the procedure.
Amendment 740 #
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at alppeal stages of the procedure in accordance with Articles 15 to 17. The applicant shall be informed of his or her right to request free legal assistance and representation at alppeal stages of the procedure.
Amendment 744 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 748 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 754 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 762 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – introductory part
Article 15 – paragraph 5 – subparagraph 1 – introductory part
The provision of free legal assistance and representation in the appeal procedure mayshall be excluded where:
Amendment 770 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.
Amendment 772 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A legal adviser or other counsellor admitted or permitted as such under national law, who assists or represents an applicant under the terms of national law, shall be granted access to the information in the applicant’s file upon the basis of which a decision is or shall be made.
Amendment 776 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
As regards point (b), the determining authority shall, in particular, grant access to information or sources to a legal adviser or other counsellor who has undergone a security check, insofar as the information is relevant for examining the application or for taking a decision to withdraw international protection.
Amendment 778 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The legal adviser or other counsellor who assists or represents an applicant shallmay have access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance with Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 779 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. An applicant shall be allowed to bring to a personal interview a legal adviser or other counsellor admitted or permitted as such under national law. The legal adviser or other counsellor shall be authorised to intervene during the personal interview.
Amendment 780 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The determining authority may require the presence of the applicant at the personal interview, even if he or she is represented under the terms of national law by a legal adviser or counsellor, and may require the applicant to respond in person to the questions asked.
Amendment 783 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant.
Amendment 784 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Free legal assistance and representation shall be provided by legal advisers or other counsellors permitted under national law to assist or represent the applicants or non-governmental organisations accredited under national law to provide advisory services or representation.
Amendment 788 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States mayshall also impose monetary limits orand time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be lessmore favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.
Amendment 795 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States mayshall request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.
Amendment 796 #
Proposal for a regulation
Article 18
Article 18
Amendment 810 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where thatReasonable, adequate support cannotshall be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.
Amendment 814 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 828 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender- based violence and that this could adversely affect their ability to participate effectively in the proceduren necessary, the determining authority shallmay refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state.
Amendment 830 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 3
Article 20 – paragraph 3 – subparagraph 3
Amendment 835 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 848 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment whenfter an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.
Amendment 853 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
Amendment 855 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 3
Article 22 – paragraph 1 – subparagraph 3
The determining authority shall inform the unaccompanied minor immediatwithout undue delay of the appointment of his or her guardian.
Amendment 864 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 2
Article 22 – paragraph 4 – subparagraph 2
The person acting as guardian shall be changed only when the responsible authorities consider that he or she has not adequately performed his or her tasks as a guardian. Organisations or iIndividuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardian.
Amendment 890 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations mayshall be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a physical and a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 902 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible.
Amendment 906 #
4. Where medical examinations are used to determine the age of unaccompanied minors, tThe determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.
Amendment 938 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the information is collected by the determining authority or by another authority assisting it for the purpose of examining the application, additional data necessary for the examination of the application may also be collected at the time of registration. The authorities of the Member State examining or determining the Member State responsible for the application shall have access to the Entry Exit data of the applicant referred to in Regulation (EU) No XXX/XXX (the Entry Exit System).
Amendment 940 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to ten workingseven days.
Amendment 941 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 951 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant shall lodge the application within ten workingseven days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.
Amendment 954 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time- limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one monththree weeks from the date when the application is registered.
Amendment 965 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 990 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 2 shall be valid for a period of sixfive months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
Amendment 999 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:.
Amendment 1000 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
Amendment 1003 #
Amendment 1006 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
Amendment 1011 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1
Article 30 – paragraph 3 – subparagraph 1
Amendment 1042 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of and with the consent of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.
Amendment 1079 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 1083 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights organisations, or from other sources;.
Amendment 1085 #
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) the individual position and personal circumstances of the applicant, including factors such as background, gender, age, sexual orientation and gender identity so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;
Amendment 1093 #
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
(f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship or residence status.
Amendment 1105 #
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
(b) the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees, in particular where he or she is an unaccompanied minor.
Amendment 1114 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
The time-limit for such examination shall be ten workingcalendar days where, in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the Member State of first application applies the concept of first country of asylum or safe third country referred to in Article 36(1)(a) and (b).
Amendment 1115 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than sixfive months from the lodging of the application, without prejudice to an adequate and complete examination.
Amendment 1118 #
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. The determining authority may extend that time-limit of six months by a period of not more than threewo months, where:
Amendment 1119 #
Proposal for a regulation
Article 34 – paragraph 3 – point a
Article 34 – paragraph 3 – point a
(a) a disproportionate number of third- country nationals or stateless persons simultaneously apply for international protection, making it difficult in practice to conclude the procedure within the six- month time limit;
Amendment 1137 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application is based on the same grounds, the determining authority may take a single decision, covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender, sexual orientation, gender identity or age-based persecution. In such cases, a separate decision shall be issued to the person concerned.
Amendment 1158 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 1187 #
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) the applicant refuses to cooperate by not providing all the necessary details for the application to be examined andor by not providing his or her fingerprints and facial image pursuant to Article 7(3) or by noncompliance with Article 7(7);
Amendment 1198 #
Proposal for a regulation
Article 39 – paragraph 1 – point f
Article 39 – paragraph 1 – point f
(f) the applicant has repeatedly not complied with resporting dunsibilities imposed on him or her in accordance with Article 7(5) and 7(6).
Amendment 1200 #
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1 a. (g) the applicant violates the obligations set out in Article 4(1) and Article 20(3) of Regulation (EU) No XXX/XXX (Dublin Regulation), without being able to demonstrate that the violation was due to circumstances beyond his or her control.
Amendment 1206 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of one monthtwo weeks from the date when the written notice is sent.
Amendment 1211 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where the applicant reports to the determining authority within that one- monthtwo-week period and demonstrates that his or her failure was due to circumstances beyond his or her control, the determining authority shall resume the examination of the application.
Amendment 1215 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Where the applicant does not report to the determining authority within this one-monthtwo-week period andor does not demonstrate that his or her failure was due to circumstances beyond his or her control, the determining authority shall consider that the application has been implicitly withdrawn.
Amendment 1245 #
Proposal for a regulation
Article 40 – paragraph 1 – point f
Article 40 – paragraph 1 – point f
(f) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member States;
Amendment 1261 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application. By way of exception, in the cases set out in paragraph (1)(d) and (1)(h), the determining authority shall conclude the accelerated examination procedure within eight working days.
Amendment 1266 #
Amendment 1279 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The determining authority mayshall, in accordance with the basic principles and guarantees provided for in Chapter II, take a decision on an application at the border or in transit zones of the Member State on:
Amendment 1284 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) the implicit withdrawal of an application pursuant to the relevant points in Article 39(1) or the merits of an application in the cases subject to the accelerated examination procedure referred to in Article 40.
Amendment 1285 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. A decision referred to in paragraph 1 shall be taken as soon as possible without prejudice to an adequate and complete examination of the application, and not longer than foureight weeks from when the application is lodged.
Amendment 1287 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Where a final decision is not taken within foureight weeks referred to in paragraph 2, the applicant shall no longer be kept at the border or transit zones and shall be granted entry to the territory of the Member State for his or her application to be processed in accordance with the other provisions of this Regulation.
Amendment 1296 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1
Article 41 – paragraph 5 – subparagraph 1
Amendment 1312 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 2
Article 41 – paragraph 5 – subparagraph 2
Amendment 1326 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. The preliminary examination shall be carried outWithout prejudice to the time- limits referred to in Article 34, the preliminary examination shall be carried out within one month from the lodging of the application, on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in Chapter II. The personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success.
Amendment 1337 #
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
Without prejudice to the principle of non- refoulement, Member States may provide an exception from theshall revoke the applicant's right to remain on their territory and derogate from Article 54(1), where:
Amendment 1347 #
Proposal for a regulation
Article 43 – paragraph 1 – point b a (new)
Article 43 – paragraph 1 – point b a (new)
(b a) the person filing the subsequent application poses risk to the internal security or public order of the Member State.
Amendment 1365 #
Proposal for a regulation
Article 44 – paragraph 2 – point e
Article 44 – paragraph 2 – point e
Amendment 1367 #
Proposal for a regulation
Article 44 – paragraph 2 – point f
Article 44 – paragraph 2 – point f
Amendment 1374 #
Proposal for a regulation
Article 44 – paragraph 2 – point g
Article 44 – paragraph 2 – point g
Amendment 1387 #
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. Where, despite multiple attempts, the third country in question does not admit or readmit the applicant to its territory, the determining authority shallmay revoke the decision rejecting the application as inadmissible and shallmay give access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and Section I of Chapter III. However, the return procedure should be continued until admission or readmission becomes possible.
Amendment 1389 #
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
7. Member States shall inform the Commission and the European Union Agency for Asylum every year of the countries to which the concept of the first country of asylum is applied and of the cases in which the third country did not admit or readmit the applicant to its territory with the motivations given to the Member State.
Amendment 1395 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point b
Article 45 – paragraph 1 – subparagraph 1 – point b
(b) there is no risk of serious harm as defined in Regulation (EU) No XXX/XXX (Qualification Regulation);
Amendment 1404 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point e
Article 45 – paragraph 1 – subparagraph 1 – point e
(e) the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2)(a-d), as appropriate.
Amendment 1406 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant organisations.
Amendment 1435 #
Proposal for a regulation
Article 45 – paragraph 7
Article 45 – paragraph 7
7. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority shallmay revoke the decision rejecting the application as inadmissible and shallmay give access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and Section I of Chapter III. However, the return procedure should be continued until admission or readmission becomes possible.
Amendment 1439 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The Commission shall regularly review the situation in third countries that are or could be designated as safe third countries at Union level, with the assistance of the European Union Agency for Asylum and based on the other sources of information referred to in the second paragraph of Article 45(1).
Amendment 1440 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts to designate a third country or suspend the designation of a third country as a safe third country at Union level subject to the conditions as set out in Article 49.
Amendment 1445 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).
Amendment 1449 #
Proposal for a regulation
Article 47 – paragraph 3 – point c
Article 47 – paragraph 3 – point c
(c) the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country;
Amendment 1451 #
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
(a) he or she has the nationality of that country or has a permanent residence status in that country; or
Amendment 1458 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin and the prospective new such countries, with the assistance of the Union Agency for Asylum and based on the other sources of information referred to in Article 45(2).
Amendment 1461 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts to introduce a third country to and suspend the presence of a third country from the EU common list of safe countries of origin subject to the conditions as set out in Article 49.
Amendment 1467 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. In case of sudden changes in the situation of a third country which is designated as a safe third country at Union level or which is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Article 45 or Article 47 and, if the Commission considers that those conditions are no longer met, it shall adopt a delegated act suspending the designation of a third country as a safe third country at Union level or suspending the presence of a third country from the EU common list of safe countries of origin for a period of sixthree months.
Amendment 1480 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. For a period of five years from entry into force of this Regulation, Member States may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at Union level or which are on the EU common list in Annex 1 for the purposes of examining applications for international protection.
Amendment 1488 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. Where a third country is suspended from being designated as a safe third country at Union level or the presence of a third country has been suspended from the EU common list in Annex 1 to this Regulation pursuant to Article 49(1), Member States shall not, without reasonable grounds, designate that country as a safe third country or a safe third country of origin at national level nor shall they apply the safe third country concept on an ad hoc basis in relation to a specific applicant.
Amendment 1496 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 3
Article 50 – paragraph 3 – subparagraph 3
Amendment 1505 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
The determining authority shall start the examination to withdraw international protection from a particular person without undue delay when new elements or findings arise indicating that there are reasons to reconsider the validity of his or her international protection, and in particular in those instances referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 1509 #
Proposal for a regulation
Article 52 – paragraph 2 – point a
Article 52 – paragraph 2 – point a
(a) the competent authority is able to obtain precise and up-to-date information from various sources, such as, where appropriate, from the European Union Agency for Asylum and the United Nations High Commissioner for Refugeesthe European Union Agency for Asylum and the European External Action Service, as to the general situation prevailing in the countries of origin of the persons concerned; and
Amendment 1511 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The decision of the competent authority to withdraw international protection shall be made within two months from the initiation of the procedure and shall be given in writing. The reasons in fact and in law shall be stated in the decision and information on the manner in which to challenge the decision shall be given in writing.
Amendment 1537 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point c
Article 53 – paragraph 6 – subparagraph 1 – point c
(c) within one monththree weeks in the case of a decision rejecting an application as unfounded in relation to the refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection.
Amendment 1545 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 3
Article 53 – paragraph 6 – subparagraph 3
The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation.
Amendment 1549 #
Proposal for a regulation
Article 54 – paragraph 2 – introductory part
Article 54 – paragraph 2 – introductory part
2. A court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the Member State responsible, either upon the applicant’s request or acting ex officio, where theWithout prejudice to paragraph one, applicant's right to remain in the Member State ishall be terminated as a consequence of any of the following categories of decisions:
Amendment 1551 #
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a), (b) and (c);
Amendment 1554 #
Proposal for a regulation
Article 54 – paragraph 2 – point c a (new)
Article 54 – paragraph 2 – point c a (new)
(c a) (D) an administrative or a judicial decision which discloses that the appealer's residence on the territory of the Member State endangers the internal security or public order.
Amendment 1557 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
Amendment 1565 #
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. An applicant who lodges a further appeal against a first or subsequent appeal decision shall not have a right to remain on the territory of the Member State unless a court or tribunal decides otherwise upon the applicant’s request or acting ex officio. That decision shall be taken within one month from the lodging of that further appeal.
Amendment 1567 #
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) within sixfive months in the case of a decision rejecting the application as unfounded in relation to refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection;
Amendment 1573 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. In cases involving complex issues of fact or law, the time-limits set out in paragraph 1 may be prolonged by an additional threewo month-period.