BETA

30 Amendments of Sergei STANISHEV related to 2016/0224(COD)

Sergei STANISHEV

Proposal for a regulation
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. 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.

2017/06/26
Committee: LIBE

Sergei STANISHEV

(28) This Regulation should provide for the possibility that applicants lodge an application on behalf of their spouse, partner in a stable and durable relationship, dependant adults and minors. This option allows for the joint examination of those applications. The right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse, partner, dependant adult or minor within the set time-limit for lodging an application, the spouse or partner may still do in his or her own name, and the dependant adult or minor should be assisted byMember States with the possibility of examining applications for international protection of applicants jointly with applications of their family members, provided that they are on the deter~~mining authority. However, if a separate application is not justified, it should be considered as inadmissible~~ritory of the Member States.

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
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 applicant 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. […].deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Recital 38

(38) An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). There need not be an examination on the merits where an application should be declared as inadmissible in accordance with this Regulation. However, where from a prima facie assessment it is clear that an application may be rejected as manifestly unfounded, the application may be rejected on that ground without examining its admissibility.

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
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 State. 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.

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 2 – paragraph 2

2. ~~This Regulation does not apply~~Member States may apply this Regulation to applications for international protection and to requests for diplomatic or territorial asylum submitted to representations of Member States in third countries.

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 4 – paragraph 1 – point f a (new)

(f a) 'family members'

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part

The following authorities ~~shall have the task of~~may be tasked with receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection:

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 7 – paragraph 1

1. The applicant shall make his or her application in the Member State ~~of first entry or, w~~determined as responsible in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation). Where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 of Regulation (EU) No XXX/XXX (Dublin Regulation).

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 10

1. Before a decision is taken by the determining authority on the admissibility of an application for international protection, the applicant shall be given the opportunity of an interview on the admissibility of his or her application. 2. In the admissibility interview, the applicant shall be given an opportunity to provide adequate reasons as to why the admissibility grounds provided for in Article 36(1) would not be applicable to his or her particular circumstances.Article 10 deleted Admissibility interview

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – title

~~Applications on behalf of a spouse, partner, minor or dependent adult~~Joint examination of applications

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – paragraph 1

1. ~~An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity~~Member States may decide to examine an application for international protection of an applicant jointly with the applications of family members, provided that they are on the territory of the same Member State.

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – paragraph 2

2. The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – paragraph 3

3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working- day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
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 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.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – paragraph 5

5. Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – paragraph 7

7. In the case of an accompanied minor, the lodging of an application by the adult responsible for him or her as referred to in paragraph 6 shall also be considered to be the lodging of an application for international protection on behalf of the minor.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – paragraph 8

8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – paragraph 9

9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working-day period starting from the expiry of the first ten working- day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 31 – paragraph 10

10. For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application. Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 33 – paragraph 2 – introductory part

2. ~~The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application.~~ The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 34 – paragraph 1

1. The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application. The time-limit for such examination shall be ten working 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).deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 35 – paragraph 3

3. ~~In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity,~~Where a Member State decides to examine applications of family members jointly and whenever the application iss are 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.

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 36

Decision on the admissibility of the 1. The determining authority shall assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and shall reject an application as inadmissible where any of the following grounds applies: (a) a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 44, unless it is clear that the applicant will not be admitted or readmitted to that country; (b) a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 45, unless it is clear that the applicant will not be admitted or readmitted to that country; (c) the application is a subsequent application, where no new relevant elements or findings relating to the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation) or relating to the inadmissibility ground previously applied, have arisen or have been presented by the applicant; (d) a spouse or partner or accompanied minor lodges an application after he or she had consented to have an application lodged on his or her behalf, and there are no facts relating to the situation of the spouse, partner or minor which justify a separate application. 2. An application shall not be examined on its merits in the cases where an application is not examined in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), including when another Member State has granted international protection to the applicant, or where an application is rejected as inadmissible in accordance with paragraph 1. 3. Paragraph 1(a) and (b) shall not apply to a beneficiary of subsidiary protection who has been resettled under an expedited procedure in accordance with Regulation (EU) No XXX/XXX (Resettlement Regulation).37 4. Where after examining an application in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the first Member State in which the application is lodged considers it to be admissible, the provision of paragraph 1(a) and (b) need not be applied again by the Member State responsible. 5. Where the determining authority prima facie considers that an application may be rejected as manifestly unfounded, it shall not be obliged to pronounce itself on the admissibility of the application. _________________ 37 OJ L […], […], p. […].Article 36 deleted application

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 41 – paragraph 1 – point a

~~(a) the admissibility of an application made at such locations pursuant to Article 36(1); or~~deleted

2017/06/26
Committee: LIBE

Péter NIEDERMÜLLER, Birgit SIPPEL, Kati PIRI, Josef WEIDENHOLZER, Sergei STANISHEV, Ana GOMES

Proposal for a regulation
Article 41 – paragraph 4 a (new)

4 a. The border procedure may not applied to unaccompanied minors.

2017/06/26
Committee: LIBE

Péter NIEDERMÜLLER, Kati PIRI, Josef WEIDENHOLZER, Ana GOMES, Sergei STANISHEV, Elly SCHLEIN, Cécile Kashetu KYENGE, Birgit SIPPEL

Proposal for a regulation
Article 41 – paragraph 5

5. The border procedure may be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where: (a) the applicant comes from a third country considered to be a safe country of origin in accordance with the conditions set out in Article 47; (b) the applicant may for serious reasons be considered to be a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law; (c) there are reasonable grounds to consider that a third country is a safe third country for the applicant in accordance with the conditions of Article 45; (d) the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision. Point (d) shall only be applied where there are serious grounds for considering that the applicant is attempting to conceal relevant elements which would likely lead to a decision refusing to grant international protection and provided that the applicant has been given an effective opportunity to provide substantiated justifications for his actions.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 44 – paragraph 3

3. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(a), the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances when lodging the application and during the admissibility interview.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 45 – paragraph 4

4. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(b), an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances when lodging the application and during the admissibility interview.deleted

2017/06/26
Committee: LIBE

Sergei STANISHEV

Proposal for a regulation
Article 53 – paragraph 1 – point a – point i

~~(i) rejecting an application as inadmissible referred to in Article 36(1);~~deleted

2017/06/26
Committee: LIBE