[ParlTrack]

Pier Antonio PANZERI, Bodil VALERO, Brando BENIFEI, Nikos ANDROULAKIS

Proposal for a regulation
Article 3 – paragraph 1

1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. Member States shall instruct their diplomatic representations in third countries to consider applications for international protection in order to avoid excessive pressure on the asylum systems of frontline Member States. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III indicate is responsible.

2017/03/28
Committee: AFET

Pier Antonio PANZERI, Brando BENIFEI

Proposal for a regulation
Article 3 – paragraph 3

3. Before applying the criteria for determining a Member State responsible in accordance with Chapters III and IV, the first Member State in which the application for international protection was lodged shall: (a) examine whether the application for international protection is inadmissible pursuant to Article 33(2) letters b) and c) of Directive 2013/32/EU when a country which is not a Member State is considered as a first country of asylum or as a safe third country for the applicant; and (b) examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following grounds apply: (i) the applicant has the nationality of a third country, or he or she is a stateless person and was formerly habitually resident in that country, designated as a safe country of origin in the EU common list of safe countries of origin established under Regulation [Proposal COM (2015) 452 of 9 September 2015]; or (ii) the applicant may, for serious reasons, be considered 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.deleted

2017/03/28
Committee: AFET

Pier Antonio PANZERI, Brando BENIFEI

Proposal for a regulation
Article 3 – paragraph 4

4. Where the Member State considers an application inadmissible or examines an application in accelerated procedure pursuant to paragraph 3, that Member State shall be considered the Member State responsible.deleted

2017/03/28
Committee: AFET

Pier Antonio PANZERI, Brando BENIFEI

Proposal for a regulation
Article 3 – paragraph 5

5. The Member State which has examined an application for international protection, including in the cases referred to in paragraph 3, shall be responsible for examining any further representations or a subsequent application of that applicant in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whether the applicant has left or was removed from the territories of the Member States.deleted

2017/03/28
Committee: AFET

Brando BENIFEI

Proposal for a regulation
Article 4 – paragraph 3 – point b

(b) ~~be present and~~remain available to the competent authorities in the Member State of application, respectively in the Member State to which he or she is transferred.

2017/03/28
Committee: AFET

Pier Antonio PANZERI, Brando BENIFEI

Proposal for a regulation
Article 5 – paragraph 1

1. If an applicant does not comply with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation shall examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU.deleted

2017/03/28
Committee: AFET

Brando BENIFEI

Proposal for a regulation
Article 5 – paragraph 2

2. The Member State in which the applicant is ~~obliged to be present~~required to remain available to the competent authorities shall continue the procedures for determining the Member State responsible even when the applicant leaves the territory of that Member State without ~~authoris~~relevant justification or is otherwise not available for the competent authorities of that Member State.

2017/03/28
Committee: AFET

Pier Antonio PANZERI, Brando BENIFEI

Proposal for a regulation
Article 5 – paragraph 3

3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present.deleted

2017/03/28
Committee: AFET

Brando BENIFEI

Proposal for a regulation
Article 5 – paragraph 4

4. The competent authorities shall take into account elements and information relevant for determining the Member State responsible ~~only insofar as these were submitted within the deadline set out in Article 4(2)~~.

2017/03/28
Committee: AFET

Brando BENIFEI

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

(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is ~~obliged to be present~~required to remain available to the competent authorities during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined , in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health care ;

2017/03/28
Committee: AFET

Brando BENIFEI

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

(d) of the personal interview pursuant to Article 7 and the ~~obligation~~possibility of submitting and substantiating information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information;

2017/03/28
Committee: AFET

Pier Antonio PANZERI, Brando BENIFEI

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Each Member State where an unaccompanied minor is ~~obliged to be~~ present shall ensure that a representative represents and/or assists the unaccompanied minor with respect to the relevant procedures provided for in this Regulation. The representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors.

2017/03/28
Committee: AFET

Pier Antonio PANZERI, Brando BENIFEI

Proposal for a regulation
Article 28 – paragraph new4

new4. The scope of the effective remedy laid down in paragraph 1 shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon.deleted

2017/03/28
Committee: AFET

Pier Antonio PANZERI, Brando BENIFEI

Proposal for a regulation
Article 29 – paragraph 1

1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Detention shall always remain a measure of last resort and alternatives to detention shall always be a priority. Children shall not to be detained as detention can never be in the child's best interests.

2017/03/28
Committee: AFET

14 Amendments of Brando BENIFEI related to 2016/0133(COD)

ParlTrack - 2011-2024