33 Amendments of Emil RADEV related to 2016/0225(COD)
Amendment 135 #
(8) Building on the existing initiatives, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments. Member States’ participation should be voluntary.
Amendment 160 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reduce divergences among the national resettlement practices and procedures, a common standard procedures and common eligibility criteria and exclusion grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.
Amendment 165 #
Proposal for a regulation
Recital 12
Recital 12
(12) The common standard procedures should build on the existing resettlement experience and standards of the Member States, in particular the Standard Operating Procedures guiding the implementation of the resettlement scheme with Turkey set out in the EU-Turkey Statement of 18 March 2016. The Union Resettlement Framework should allow the use of two types of standard resettlement procedures.
Amendment 169 #
Proposal for a regulation
Recital 13
Recital 13
(13) Both types ofThe procedure consists of the following stages: identification, registration, assessment and decision. It allows for a full assessment of the international protection needs of third- country nationals or stateless persons.
Amendment 171 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 174 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 178 #
Proposal for a regulation
Recital 16
Recital 16
(16) The resettlement procedure should be concluded as soon as possible in order to discourage persons in need of international protection to use irregular ways to enter the European Union to seek protection. At the same time it should ensure that Member States have sufficient time for a full and adequate examination of each case. The time-limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary and expedited procedure.
Amendment 191 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 199 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to allow for supplementing the rules which govern the procedure to be applied in targeted Union resettlement schemes, 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 to adapt the procedure to the circumstances in the third country from which resettlement takes place such as determining that third country’s role in the procedure. 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 Interinstitutional Agreement on Better Law-Making of 13 April 201633. 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. _________________ 33 OJ L 8, 12.1.2001, p. 1. OJ L 8, 12.1.2001, p. 1.
Amendment 204 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, implementing powers should be conferred on the Council for establishing the annual Union resettlement plan, fixing the maximum total number of persons to be resettled, the details about the voluntary participation of the Member States in the plan and their contributions to the total number of persons to be resettled, as well as overall geographical priorities.
Amendment 216 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commission should be empowered to establish targeted Union resettlement schemes laying down the precise number out of the total number of persons to be resettled and the voluntary participation of the Member State, consistent with the annual Union Resettlement plan. Those powers should be exercised in accordance with 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 powers34. The examination procedure should be used for establishing targeted Union resettlement schemes given that those schemes have substantial implications. The Commission should aim to establish targeted Union resettlement schemes as soon as possible after the adoption of the annual Union resettlement plan and whenever necessary during the period covered by the annual Union resettlement plan. The Commission should take into account the discussions within the High-Level Resettlement Committee. _________________ 34 OJ L 55, 28/02/2011, p. 13. OJ L 55, 28/02/2011, p. 13.
Amendment 217 #
Proposal for a regulation
Recital 24
Recital 24
(24) Each targeted Union resettlement scheme should determine which standard procedural rules should apply to its implementation. It should in addition set out local cooperation arrangements where and as appropriate to facilitate its implementation.
Amendment 240 #
Proposal for a regulation
Recital 31
Recital 31
(31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, which do not jeopardise the attainment of the Union’s objectives under this Regulation, for example where they contribute an additional number of resettlement places to targeted Union resettlement schemes established under this Regulation going beyond their contribution to the maximum number of persons to be resettled under the annual Union resettlement placontribute to targeted Union resettlement schemes established under this Regulation.
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Member States’ participation in implementing the Union Resettlement Framework shall be voluntary.
Amendment 251 #
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
This Regulation shall not give third- country nationals or stateless persons a subjective right to be resettled.
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
For the purposes of this Regulation ‘resettlement’ means the admission of third-country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the Member States with a view to granting them international protection.
Amendment 306 #
Proposal for a regulation
Article 4 – paragraph 1 – point d – point i
Article 4 – paragraph 1 – point d – point i
(i) reducing the number of third- country nationalsnationals of that country and other third countries, and of stateless persons, coming from that country and irregularly crossing the border into the territory of the Member States coming from that third country;
Amendment 321 #
Proposal for a regulation
Article 5 – paragraph 1 – point а – introductory part
Article 5 – paragraph 1 – point а – introductory part
(i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that,
Amendment 325 #
Proposal for a regulation
Article 5 – paragraph 1 – point а – point ii
Article 5 – paragraph 1 – point а – point ii
(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;
Amendment 347 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6
Article 5 – paragraph 1 – point b – point i – indent 6
Amendment 379 #
Proposal for a regulation
Article 6 – paragraph 1 – point а – point ii
Article 6 – paragraph 1 – point а – point ii
(ii) (ii) they have committed a serious crime, including terrorism, regardless of whether this is within the European Union or in a third country;
Amendment 390 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) persons who are registered in the Entry/Exit system as having overstayed their set period residence in the territory of the European Union in the five years prior to resettlement;
Amendment 398 #
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) persons whom a Member State has, during the last five years prior to resettlement, refused to grant international protection;
Amendment 399 #
Proposal for a regulation
Article 6 – paragraph 1 – point e b (new)
Article 6 – paragraph 1 – point e b (new)
(eb) persons who, in the last five years prior to resettlement, have been returned – either voluntarily or by force – under readmission agreements;;
Amendment 408 #
Proposal for a regulation
Article 6 – paragraph 1 – point е – paragraph 1 a (new)
Article 6 – paragraph 1 – point е – paragraph 1 a (new)
persons who, during the last five years prior to resettlement, have refused resettlement to a particular Member State;
Amendment 432 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) details about the voluntary participation of the Member States in the annual Union resettlement plan and their contributions to the total number of persons to be resettled;
Amendment 452 #
Proposal for a regulation
Article 8 – paragraph 2 – point е
Article 8 – paragraph 2 – point е
Amendment 459 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 471 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the fingerprints of all fingers, which should be entered in Eurodac, and a facial image of every third-country national or stateless person of at least six years of age;
Amendment 490 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a negative decision is taken, no resettlement of the person concerned shall occur. A negative decision by a Member State is not open to judicial or administrative appeal.
Amendment 496 #
Proposal for a regulation
Article 10 – paragraph 7 – point c
Article 10 – paragraph 7 – point c
(c) where possible, offer a pre- departure orientation programme to third- country nationals or stateless persons, which may include information about their rights and obligations, language classes, and information about the Member State's social, cultural and political set-up.
Amendment 503 #
Amendment 523 #
3. To implement targeted Union resettlement schemes, and in particularf need be to conduct pre-departure orientation programmes, fit-to-travel medical checks, travel arrangements and other practical arrangements, Member States may be assisted by partners in accordance with local coordination and practical cooperation arrangements for targeted Union resettlement schemes established in accordance with point (d) of Article 8(2).