BETA

50 Amendments of Beatrix von STORCH related to 2016/0223(COD)

Beatrix von STORCH

Proposal for a regulation
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The European Parliament rejects the Commission proposal for a Regulation of the European Parliament and of the Council on Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Draft legislative resolution
Citation 4

~~— having regard to the opinion of the European Economic and Social Committee of 14 December 20161 , _________________ 1 Journ~~deleted Not yet published in the Official.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Draft legislative resolution
Citation 5

~~— having regard to the opinion of the Committee of the Regions of 8 February 20172 , _________________ 2Not yet published in the Official Journal.~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 1

(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation. _________________ 31 OJ L 337, 20.12.2011, p. 9.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 2

(2) A common policy on asylum, including a Common European Asylum System (CEAS) which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 3

(3) The CEAS is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the CEAS, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants for and beneficiaries of international protection. These divergences are important drivers of secondary movements and undermine the objective of ensuring that all applicants are equally treated wherever they apply in the Union.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 4

(4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum agency. That Communication is in line with calls by the European Council on 18- 19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016. _________________ 32 COM (2016) 197 final. 33 EUCO 19.02.2016, SN 1/16.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 11

(11) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the Charter). In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter's Articles relating to human dignity, respect for private and family life, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination, rights of the child, social security and social assistance, health care, and should therefore be implemented accordingly.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 31

(31) Committing a political crime is not in principle a ground justifying exclusion from refugee status. However, in accordance with relevant case law of the Court of Justice of the European Union, particularly cruel actions, where the act in question is disproportionate to the alleged political objective, and terrorist acts which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective, should be regarded as non- political crimes and therefore can give rise tocould be grounds for justifying exclusion from refugee status.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 32

(32) Standards for the definition and content of subsidiary protection status should also be laid down. Subsidiary protection should be complementary and additional to the refugee protection enshrined in the Geneva Convention.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 33

(33) It is necessary to introduce common criteria on the basis of which applicants for international protection are to be recognised as eligible for subsidiary protection. Those criteria should be drawn from international obligations under human rights instruments and practices existing in Member States.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 34

(34) For the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection, the notion of indiscriminate violence, in accordance with relevant case law of the European Court of Justice, should include violence that may extend to people irrespective of their personal circumstance.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 39

(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, ~~and for the first and second time in the case of beneficiaries of subsidiary protection,~~ as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 41

(41) When the refugee status ~~or the subsidiary protection status~~ ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 53

(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection ~~shall~~may have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures that it determines fit, such as language courses, civic integration courses, vocational training and other employment- related courses compulsory.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Recital 56

(56) Since the objectives of this Regulation, namely to establish standards for the granting of international protection to third-country nationals and stateless persons by Member States, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectivesdeleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) ‘international protection’ means refugee status ~~and subsidiary protection status~~ as defined in points (4) ~~and (6)~~;

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 2 – paragraph 1 – point 2

(2) ‘beneficiary of international protection’ means a person who has been granted refugee status ~~or subsidiary protection status~~ as defined in points (4) ~~and (6)~~;

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 2 – paragraph 1 – point 6

~~(6) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection;~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘application for international protection’ means a request made by a third-country national or a stateless person for protection from a Member State, who can be understood to seek refugee status ~~or subsidiary protection status~~

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 2 – paragraph 1 – point 14

(14) ‘withdrawal of international protection’ means the decision by a competent authority to revoke, end or refuse to renew the refugee ~~or subsidiary protection~~ status;

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 4 – paragraph 4

4. The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm in his or her country of origin, shall be considered a serious indication of the applicant’s well- founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 4 – paragraph 5 – introductory part

5. Where aspects of the applicant’s statements are not supported by documentary or other evidence, no additional evidence ~~shall~~may be required in respect of those aspects where the following conditions are not met:

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 4 – paragraph 5 – point a

~~(a) the applicant has made a genuine effort to substantiate his or her application;~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 5 – paragraph 1

1. A well-founded fear of being persecuted or a real risk of suffering serious harm may only be based on events which have taken place sin~~ce the applicant left~~ the country of origin.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 5 – paragraph 2

2. A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on activities which the applicant has engaged in since he or she left the country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the country of origin.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

~~(b) legal, administrative, police, and/or judicial measures which are in themselves discriminatory or which are implemented in a discriminatory manner;~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 9 – paragraph 2 – point c

~~(c) prosecution or punishment which is disproportionate or discriminatory;~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 9 – paragraph 2 – point d

~~(d) denial of judicial redress resulting in a disproportionate or discriminatory punishment;~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

(e) prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling within the scope of the grounds for exclusion as set out in Article 12(2);deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 9 – paragraph 2 – point f

~~(f) acts of a gender-specific or child- specific nature.~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 – point f a (new)

(fa) he or she absconds outside the jurisdiction of their host Member State

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 12 – paragraph 2 – point c a (new)

(ca) he or she absconds outside the jurisdiction of their host Member State

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 14 – paragraph 1 – point f a (new)

(fa) he or she absconds outside the jurisdiction of their host Member State

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 16 – paragraph 1 – point a

(a) the death penalty or execution in the country of origin; or

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) torture ~~or inhuman or degrading treatment or punishment~~ of an applicant in the country of origin; or

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 16 – paragraph 1 – point c

~~(c) 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.~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 17 – paragraph 3

3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invoke compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)

(ea) he or she absconds outside the jurisdiction of their host Member State

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 19

Granting of subsidiary protection status The determining authority shall grant subsidiary protection status to a third- country national or a stateless person who is eligible for subsidiary protection in accordance with Chapters II and V.Article 19 deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 19 – paragraph 1

~~The determining authority shall grant subsidiary protection status to a third- country national or a stateless person who is eligible for subsidiary protection in accordance with Chapters II and V.~~deleted

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 22 – paragraph 1

1. Refugees ~~and persons who have been granted subsidiary protection status~~ shall have the rights and obligations laid down in this Chapter. This Chapter shall be without prejudice to the rights and obligations laid down in the Geneva Convention.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1 – point b a (new)

(ba) he or she absconds outside the jurisdiction of their host Member State

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 24 – paragraph 1

The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status ~~or subsidiary protection status,~~ as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 26 – paragraph 2 – point c a (new)

(ca) where the residence permit holder absconds outside the jurisdiction of their host Member State

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 29 – paragraph 1

1. Beneficiaries of international protection shall not have the right to reside in Member States other than the one which granted protection. This is without prejudice to their right to apply and be admitted to reside in other Member States pursuant to relevant provisions of Union and national law and their right to move freely in accordance with the conditions of Article 21 of the Convention Implementing the Schengen Agreement.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 34 – paragraph 2

2. For beneficiaries of subsidiary protection status Member States may limit social assistance ~~to core benefits~~.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 38 – paragraph 1

1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection ~~shall~~may have access to integration measures provided by the Member States, ~~in particular~~such as language courses, civic orientation and integration programs and vocational training which take into account their specific needs.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 39 – paragraph 1

Assistance ~~shall~~may be provided to beneficiaries of international protection who wish to be repatriated.

2017/03/27
Committee: LIBE

Beatrix von STORCH

Proposal for a regulation
Article 46 – paragraph 3

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties. Member States may refuse to enforce laws, regulations and administrative provisions transposed that they deem to be in violation of the principle of subsidiarity or the spirit of the treaties.

2017/03/27
Committee: LIBE