12 Amendments of Barbara SPINELLI related to 2015/0211(COD)
Amendment 33 #
Proposal for a regulation
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– The European Parliament rejects the Commission proposal.
Amendment 46 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The premise of safe countries of origin should only be applied after an asylum application has been individually examined and the applicant has been afforded an adequate personal interview, has the right to legal assistance and translation upheld, has full access to all resources and services offered by the relevant asylum process and has the right to an appeal respected.
Amendment 49 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The application of the concept of a safe country of origin should only be applied in the context of full adherence to the principle of non-refoulement. Applicants for asylum should have full access to the normal asylum procedure and if unsuccessful will continue to have the right to an appeal, irrespective of their nationality, whilst availing of the full range of services and resources available to any asylum applicant.
Amendment 53 #
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance that a third country is on theRegulation creating an EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of thata third country and does not dispense therefore with the needin no circumstances absolves Member States from their obligations to conduct an appropriate individual examination of the application for international protection. In addition, it should be recalled that, 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 can no longer be considered relevant for him or her. in accordance with the procedural safeguards laid down in Directive 2013/32/EU during which applicants will be able to access the full range of services and resources available to all in the asylum procedure, including but not limited to, legal assistance, translation, safe accommodation and access to an appeal process. All applications should be considered on the applicants circumstances in the third country and where an applicant shows that there are serious reasons on grounds of gender, race, religion, sexual orientation, gender identity, nationality, membership of a particular social group or political opinion, to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her. Due care must also be given to applicants from minority groups where burden of proof can violate their dignity or put them increased risk of danger and that all applicants should have the right to an effective remedy in the case of a negative decision as well as lawfully remain on the territory pending such an appeal. In addition, procedures for returning applicants who do not meet the criteria must not violate the principle of non-refoulement.
Amendment 64 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should regular, in direct consultation with the Parliament, the Council, Member States and relevant organisations, should continually review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a third country on the EU common list, 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 presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. 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 (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry 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 100 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Temporary suspension of the Regulation 1. In case of sudden changes in the situation of a Member State where there are substantial grounds for believing that there are systemic flaws in the asylum procedure and reception conditions for asylum applicants, resulting in inhumane or degrading treatment, within the meaning of Article 4 of the European Charter of fundamental rights, the Commission, basing itself on a range of sources of information, including information from Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations, and national or international non- governmental organisations, shall recommend as soon as possible a temporary suspension of the application of this regulation to that Member State. 2. The Parliament and the Council can request the temporary suspension of the application of this regulation to a specific Member State respectively through parliamentary resolutions or Council conclusions. If the Commission decides not to bring forward their request, it shall provide a substantiated explanation in this regard, which shall be submitted to the European Parliament and to the Council.
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
Directive 2013/32/EU
Article 37 a (new)
Article 37 a (new)
(2a) New Article 37a is added: "Article 37a The concept of unsafe country of origin 1. A third country designated as an unsafe country of origin in accordance with this Directive may be considered as an unsafe country of origin for a particular applicant if: (a) he or she has the nationality of that country; or (b) he or she is a stateless person and was formerly habitually resident in that country, 2. Member States shall lay down in national legislation further rules and modalities for the application of the unsafe country of origin concept. 3. Applications from nationals coming from an unsafe country of origin shall be recognized as likely to be well- founded and prioritized following Article 31 (7)(a)"
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2 b (new)
Article 4 – paragraph 1 – point 2 b (new)
(2b) New Article 37b is added: "Article 37b National designation of third countries as unsafe countries of origin 1. Member States may retain or introduce legislation that allows for the national designation of unsafe countries of origin for the purposes of examining applications for international protection. 2. Member States shall regularly review the situation in third countries designated as unsafe countries of origin in accordance with this Article. 3. The assessment of whether a country is an unsafe country of origin in accordance with this Article shall be based on a range of sources of information, including in particular information from other Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations, and national or international non-governmental organisations. 4. Member States shall notify to the Commission the countries that are designated as unsafe countries of origin in accordance with this Article."
Amendment 118 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2 c (new)
Article 4 – paragraph 1 – point 2 c (new)
Directive 2013/32/EU
Article 46 – paragraph 6 – point a
Article 46 – paragraph 6 – point a
(2c) Article 46, paragraph 6, point a is replaced by the following: (a) considering an application to be manifestly unfounded in accordance with Article 32(2) or unfounded after examination in accordance with Article 31(8), except for cases where these decisions are based on the circumstances referred to in Article 31(8)(b) and (h);
Amendment 120 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
Directive 2013/32/EU
Annex I – paragraph 1
Annex I – paragraph 1
(1a) in Annex I, paragraph 1 is amended as follows: A country is considered as a safe country of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently, in respect of the population as a whole as well as specific groups of persons within the country, no persecution as defined in Article 9 of Directive 2011/95/EU, no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.
Amendment 121 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3 b (new)
Article 4 – paragraph 1 – point 3 b (new)
Directive 2013/32/EU
Annex I a (new)
Annex I a (new)
(3b) A new Annex Ia is added: "Annex Ia Designation of unsafe countries of origin for the purposes of Article 37(c) A country is considered as an unsafe country of origin where: (a) there is a serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict. (b) a considerable number of individuals are persecuted, in law or in practice, for reasons of gender, race, religion, nationality, political opinion or membership of a particular social group;"
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3 c (new)
Article 4 – paragraph 1 – point 3 c (new)
Directive 2013/32/EU
Annex I b (new)
Annex I b (new)
(3c) A new Annex Ib is added: "Annex Ib Actors of persecution or serious harm Actors of persecution or serious harm as provided by ANNEX I (b) include: (a) the State; (b) parties or organisations controlling de facto the State or a substantial part of the territory of the State; (c) non-State actors, if it can be demonstrated that the actors mentioned in points (a) and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm as defined in Article 7.