[ParlTrack]

József NAGY, Anna ZÁBORSKÁ, Jana ŽITŇANSKÁ, Artis PABRIKS, Richard SULÍK

Proposal for a regulation
Recital 32

(32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.deleted

2017/04/04
Committee: LIBE

József NAGY, Richard SULÍK, Anna ZÁBORSKÁ, Jana ŽITŇANSKÁ, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 9 – paragraph 1

1. The criteria for determining the Member State responsible shall be applied ~~only once~~, in the order in which they are set out in this Chapter.

2017/04/04
Committee: LIBE

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 14 – paragraph 1

1. Where the applicant is in possession of a valid residence document ~~or a residence document which has expired less than two years before lodging the first application~~ , the Member State which issued the document shall be responsible for examining the application for international protection.

2017/04/04
Committee: LIBE

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 14 – paragraph 2

2. Where the applicant is in possession of a valid visa ~~or a visa expired less than six months before lodging the first application~~ , the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council25 . In such a case, the represented Member State shall be responsible for examining the application for international protection. _________________ 25 Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas (OJ L 243, 15.9.2009, p. 1).

2017/04/04
Committee: LIBE

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 14 – paragraph 3 a (new)

3 a. Where the applicant is in possession only of one or more residence documents which have expired less than two years previously or one or more visas which have expired less than six months previously and which enabled him or her actually to enter the territory of a Member State, paragraphs 1, 2 and 3 shall apply for such time as the applicant has not left the territories of the Member States. Where the applicant is in possession of one or more residence documents which have expired more than two years previously or one or more visas which have expired more than six months previously and enabled him or her actually to enter the territory of a Member State and where he has not left the territories of the Member States, the Member State in which the application for international protection is lodged shall be responsible.

2017/04/04
Committee: LIBE

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 15 – paragraph 1

Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come directly from a third country, the Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place

2017/04/04
Committee: LIBE

József NAGY, Richard SULÍK, Anna ZÁBORSKÁ, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 15 – paragraph 1 a (new)

2. When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4), that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot be established — has been living for a continuous period of at least five months in a Member State before lodging the application for international protection, that Member State shall be responsible for examining the application for international protection. If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.

2017/04/04
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Tomáš ZDECHOVSKÝ, Richard SULÍK, Jana ŽITŇANSKÁ

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1

By way of derogation from Article 3(1) ~~and only as long as no Member State has been determined as responsible~~ , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person ~~based on family grounds in relation to wider family not covered by Article 2(g)~~ , even if such examination is not its responsibility under the criteria laid down in this Regulation.

2017/04/04
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Tomáš ZDECHOVSKÝ, Richard SULÍK

Proposal for a regulation
Article 20 – paragraph 1 – point e

(e) take back, under the conditions laid down in Articles 26 and 30 a beneficiary of international protection, who made an application in another Member State than the Member State responsible which granted that protection status or who is on the territory of another Member State than the Member State responsible which granted that protection without a residence document.deleted

2017/04/04
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ

Proposal for a regulation
Article 20 – paragraph 7 – subparagraph 1

~~The Member State responsible shall indicate in the electronic file referred to in Article 22(2) the fact that it is the Member State responsible.~~deleted

2017/04/04
Committee: LIBE

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ

Proposal for a regulation
Article 22

1. The Member State with which an application for international protection is lodged shall enter in the automated system referred to in Article 44(1) within the period referred to in Article 10 (1) of Regulation [Proposal for a Regulation recasting Regulation (EU) 603/2013] that: (a) such application is lodged; (b) where applicable, links to the applications of family members or relatives travelling together; (c) the reference number referred to in Article 12 (i) of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013]. 2. Upon entry of the information pursuant to paragraph 1, the automated system referred to in Article 44 shall register each application under a unique application number, create an electronic file for each application and communicate the unique application number to the Member State of application. 3. Member States shall provide the European Union Agency for Asylum with information on the number of third country nationals effectively resettled on a weekly basis. The Agency shall validate this information and enter the data in the automated system. 4. Where a hit in Eurodac indicates that the applicant has previously lodged an application for international protection before having left or having been removed from the territories of the Member States, the Member State with which the new application is lodged shall also indicate which Member State has been the Member State responsible for examining the previous application. 5. The Member State with which the application is lodged shall search the VIS pursuant to Article 21 of Regulation (EC) 767/2008. Where a hit in the VIS indicates that the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application, the Member State shall indicate the visa application number and the Member State, the authority of which issued or extended the visa and whether the visa has been issued on behalf of another Member State.Article 22 deleted Registration

2017/04/04
Committee: LIBE

József NAGY, Richard SULÍK, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 23

Information in the automated system 1. The automated system referred to in Article 44(1) shall indicate in real time: (a) the total number of applications lodged in the Union; (b) the actual number of applications lodged in each Member State; (c) the number of third country nationals resettled by each Member State; (d) the actual number of applications to be examined by each Member State as Member State responsible; (e) the share of each Member State pursuant to the reference key referred to in Article 35. 2. In the electronic file referred to in Article 22(2) only the following information shall be recorded: (a) the unique application number referred to in Article 22(2): (b) link to applications referred to in point b of Article 22 (1) and 22(4); (c) the reference number referred to in point d of Article 12(i) of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013]; (d) the existence of an alert following the security verification pursuant to Article 40; (e) the Member State responsible; (f) in case of the indication of a previous application for international protection by the same applicant pursuant to Article 22(4), the Member State who was responsible for that previous application; (g) in case of the indication of a visa issued to the applicant pursuant to Article 22(5), the Member State which issued or extended the visa or on behalf of which the visa has been issued and the visa application number; (h) where the allocation mechanism under Chapter VII applies, the information referred to in Article 36(4) and point (h) of Article 39. 3. Upon communication by the Member State responsible pursuant to Article 20(7) and Article 22(3) the automated system referred to in Article 44(1) shall count that application and that third country national effectively resettled for the share of that Member State. 4. The electronic files shall be automatically erased after expiry of the period set out in Article 17(1) of Regulation [Proposal for Regulation recasting Regulation (EU) No 603/2013].Article 23 deleted

2017/04/04
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 34

1. The allocation mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation. 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 150% of the reference number for that Member State as determined by the key referred to in Article 35. 3. The reference number of a Member State shall be determined by applying the key referred to in Article 35 to the total number of applications as well as the total number of resettled persons that have been entered by the respective Member States responsible in the automated system during the preceding 12 months. 4. The automated system shall inform Member States, the Commission and the European Union Agency for Asylum once per week of the Member States' respective shares in applications for which they are the Member State responsible. 5. The automated system shall continuously monitor whether any of the Member States is above the threshold referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. 6. Upon the notification referred to in paragraph 5, the allocation mechanism shall apply.Article 34 deleted General Principle

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 35

1. For the purpose of the corrective mechanism, the reference number for each Member State shall be determined by a key. 2. The reference key referred to in paragraph 1 shall be based on the following criteria for each Member State, according to Eurostat figures: (a) the size of the population (50 % weighting); (b) the total GDP (50% weighting); 3. The criteria referred to in paragraph 2 shall be applied by the formula as set out in Annex I. 4. The European Union Agency for Asylum shall establish the reference key and adapt the figures of the criteria for the reference key as well as the reference key referred to in paragraph 2 annually, based on Eurostat figures.Article 35 deleted Reference key

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 36

Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).rticle 36 deleted

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 37

1. A Member State may, at the end of the three-month period after the entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not take part in the corrective allocation mechanism set out in Chapter VII of this Regulation as a Member State of allocation and notify this to the Member States, the Commission and the European Union Agency for Asylum. 2. The automated system referred to in Article 44(1) shall in that case apply the reference key during this twelve-month period to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1), with the exception of the Member State which entered the information, as well as the benefitting Member State. The automated system referred to in Article 44(1) shall count each application which would have otherwise been allocated to the Member State which entered the information pursuant to Article 36(4) for the share of that Member State. 3. At the end of the twelve-month period referred to in paragraph 2, the automated system shall communicate to the Member State not taking part in the corrective allocation mechanism the number of applicants for whom it would have otherwise been the Member State of allocation. That Member State shall thereafter make a solidarity contribution of EUR 250,000 per each applicant who would have otherwise been allocated to that Member State during the respective twelve-month period. The solidarity contribution shall be paid to the Member State determined as responsible for examining the respective applications. 4. The Commission shall, by means of implementing acts, adopt a decision in accordance with the examination procedure referred to in Article 56, lay down the modalities for the implementation of paragraph 3. 5. The European Union Agency for Asylum shall monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.Article 37 deleted Financial solidarity

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 38

Obligations of the benefitting Member The benefitting Member State shall: (a) take a decision at the latest within one week from the communication referred to in Article 36(4) to transfer the applicant to the Member State of allocation, unless the benefitting Member State can accept within the same time limit responsibility for examining the application pursuant to the criteria set out in Articles 10 to 13 and Article 18; (b) notify without delay the applicant of the decision to transfer him or her to the Member State of allocation; (c) transfer the applicant to the Member State of allocation, at the latest within four weeks from the final transfer decision.Article 38 deleted State

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 39

Obligations of the Member State of The Member State of allocation shall: (a) confirm to the benefitting Member State the receipt of the allocation communication and indicate the competent authority to which the applicant shall report following his or her transfer; (b) communicate to the benefitting Member State the arrival of the applicant or the fact that he or she did not appear within the set time limit; (c) receive the applicant and carry out the personal interview pursuant to Article 7, where applicable; (d) examine his or her application for international protection as Member State responsible, unless, according to the criteria set out in Articles 10 to 13 and 16 to 18, a different Member State is responsible for examining the application; (e) where, according to the criteria set out in Articles 10 to 13 and 16 to 18 a different Member State is responsible for examining the application, the Member State of allocation shall request that other Member State to take charge of the applicant; (f) where applicable, communicate to the Member State responsible the transfer to that Member State; (g) where applicable, transfer the applicant to the Member State responsible; (h) where applicable, enter in the electronic file referred to in Article 23(2) that it will examine the application for international protection as Member State responsible.Article 39 deleted allocation

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Exchange of relevant information for 1. Where a transfer decision according to point (a) of Article 38 is taken, the benefitting Member State shall transmit, at the same time and for the sole purpose of verifying whether the applicant may for serious reasons be considered a danger to the national security or public order, the fingerprint data of the applicant taken pursuant to Regulation (Proposal for a Regulation recasting Regulation 603/2013/EU) to the Member State of allocation. 2. Where, following a security verification, information on an applicant reveals that he or she is for serious reasons considered to be a danger to the national security or public order, information on the nature of the alert shall be shared with the law enforcement authorities in the benefitting Member State and shall not be communicated via the electronic communication channels referred to in Article 47(4). The Member State of allocation shall inform the benefitting Member State of the existence of such alert, specifying the law enforcement authorities in the Member State of application that have been fully informed, and record the existence of the alert in the automated system pursuant to point d of Article 23(2), within one week of receipt of the fingerprints. 3. Where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order, the benefitting Member State of application shall be the Member State responsible and shall examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU. 4. The information exchanged shall only be used for the purposes set out in paragraph 1 and shall not be further processed.Article 40 deleted security verification

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 41

~~1. Chapter V and Sections II to VII of Chapter VI shall apply mutatis mutandis. 2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State.~~Article 41 deleted Procedure for allocation

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 42

Costs of allocation transfers For the costs to transfer an applicant to the Member State of allocation, the benefitting Member State shall be refunded by a lump sum of EUR 500 for each person transferred pursuant to Article 38(c). This financial support shall be implemented by applying the procedures laid down in Article 18 of Regulation (EU) No 516/2014.Article 42 deleted

2017/05/05
Committee: LIBE

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 43

The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below 150 % of its share pursuant to Article 35(1). Upon the notification referred to in paragraph 2, the application of the corrective allocation shall cease for that Member State.Article 43 deleted Cessation of corrective allocation

2017/05/05
Committee: LIBE

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 44

Automated system for registration, monitoring and the allocation mechanism 1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automated system shall be established. 2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures. 3. The European agency for the operational management of large scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 shall be responsible for the preparation, development and the operational management of the central system and the communication infrastructure between the central system and the national infrastructures. 4. The national infrastructures shall be developed and managed by the Member States.rticle 44 deleted

2017/05/05
Committee: LIBE

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 45

Access to the automated system 1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39. 2. The European Union Agency for Asylum shall have access to the automated system for entering and adapting the reference key pursuant to Article 35(4) and for entering the information referred to in Article 22(3). 3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013]. 4. The Commission shall, by means of implementing acts, adopt uniform conditions and practical arrangements for entering and consulting the information referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 56(2).rticle 45 deleted

2017/05/05
Committee: LIBE

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ

Proposal for a regulation
Article 53

Where an application has been lodged after [the first day following the entry into force of this Regulation] , the events that are likely to entail the responsibility of a Member State under this Regulation shall be taken into consideration, even if they precede that date. By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the period which has elapsed since the entry into force of this Regulation.Article 53 deleted Transitional measures

2017/05/05
Committee: LIBE

25 Amendments of Richard SULÍK related to 2016/0133(COD)

ParlTrack - 2011-2024