18 Amendments of Miriam DALLI related to 2015/0306(COD)
Amendment 32 #
Proposal for a regulation
Recital 2
Recital 2
(2) NSince third-country nationals residing irregularly in the Union do not possess valid travel documents, national authorities of the Member States experience serious difficulties in returning illegally stayinglawfully and safely returning them to theird- country nationals who possess no valid travel documentsof destination.
Amendment 34 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The lack of a harmonised travel document for return across the Union results in low recognition rates for such travel documents in Union readmission agreements with third countries due to the varying formats, standards and security features of existing travel documents for return.
Amendment 38 #
Proposal for a regulation
Recital 3
Recital 3
(3) Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third- country nationals, with full respect for fundamental rights, is essential for increasing rates of return, which are as yet unsatisfactory.
Amendment 39 #
Proposal for a regulation
Recital 4
Recital 4
(4) The current standard travel document for the expulsioreturn of third- country nationals, established by Council Recommendation of 30 November 199410 , is not widely accepted by authorities of third countries, for various reasons including its inadequate security standards. the lack of harmonised security and technical features and the lack of safeguards against counterfeiting and falsification. _________________ 10 Council Recommendation of 30 November 1994 concerning the adoption of a standard travel document for the expulsion of third-country nationals (OJ C 274, 19.6.1996, p. 18).
Amendment 44 #
Proposal for a regulation
Recital 6
Recital 6
(6) A more secure harmonised European travel document for the return of third-country nationals should be established tohelp facilitate the return and readmission of illegally staying third-country nationals staying illegally in the Union. Its enhanced security and technical features should facilitate its recognition by third countries. Such document should help carry out returns in the context of readmission agreements or other arrangements with third countries, as well as in the context of return-related co- operation with third countries not covered by formal agreements.
Amendment 50 #
Proposal for a regulation
Recital 7
Recital 7
(7) Readmission agreements concluded by the Union with third countries should seekinclude in their terms the recognition of the European travel document for return. Member States should seekinclude the recognition of the European travel document for return in bilateral agreements and other arrangements entered into as well as in the context of return-related co- operation with third countries not covered by formal agreements.
Amendment 52 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) If third countries entering into readmission agreements, either with the Union or the Member States, refuse to legally recognise the European travel document for return, a formal explanation for such refusal should be provided.
Amendment 55 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should only harmonise the format, and security and technical specifications of a European travel document for return and should not, in particular as regards safeguards against counterfeiting and falsification, and should neither specify the legal requirements of harmoniseing rules on the issuing of such document nor the merits of such harmonisation.
Amendment 56 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should take all the necessary steps to issue the European travel document for returns to ensure the effective return of migrants staying illegally in the Union, with full respect for Union law.
Amendment 62 #
Proposal for a regulation
Recital 11
Recital 11
(11) The content and technical specifications of the European travel document for return should be harmonised in order to ensure high technical and security standards, in particular as regards safeguards against counterfeiting and falsification. The document should bear recognisable harmonised security features. HRequirements which conform to high technical and security standards already exist and are set according to Article 2 of Council Regulation (EC) No 333/200211 , whichand these should therefore be applied to the European travel document for return. _________________ 11 Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form (OJ L 53, 23.2.2002, p. 4).
Amendment 66 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to amend or supplement certain non-essential elements of the model for a European travel document for return, 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. 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 2016* 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. _________________ * OJ XXX, XXX, p. XXX.
Amendment 67 #
Proposal for a regulation
Recital 14
Recital 14
(14) With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks for the purposes of this Regulation in accordance with Regulation (EU) 2016/... of the European Parliament and of the Council1a and the national laws, regulations or administrative provisions transposing Directive 95/46/EC12(EU) 2016/...1b . _________________ 12Directive 95/46/ECaRegulation (EU) 2016/... of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.19957 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L X, XX.XX.XX, p. XX). 1b Directive (EU) 2016/… of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data and repealing Council Framework Decision 2008/977/JHA (OJ L XX, XX.XX.XX, p. 31XX).
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the format, and the technical and security specifications of a harmonised European travel document for the safe return of third- country nationals.
Amendment 81 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European travel document for return shall be established in the official language or languages of the Member State that issues the return decision and, where appropriate, it shall be translated into English and French and into an official language of the third country of return.
Amendment 84 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The document shall be valid for a single journey tountil the returnee arrives at the third country of return.
Amendment 86 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where necessary, additional documents necessary for the return ofnd for the sole purpose of ensuring the safe readmission of the third-country nationals, additional documents may be attached to the European travel document for return, provided that they do not endanger the private life, liberty or property of the returnee and respect the data protection safeguards provided for in Regulation 2016/... of the European Parliament and of the Council and the national laws, regulations or administrative provisions transposing Directive 2016/... of the European Parliament and of the Council.
Amendment 89 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 6 in order to amend non-essential elements found in Article 3(1) of the format of the European travel document for return.
Amendment 90 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The security features and technical specifications of the European travel document for return shall be thoseupdated those already set in application of Article 2 of Council Regulation (EC) No 333/2002. in order to include digital elements which can ensure the security and safety of the document issued.