27 Amendments of Bodil VALERO related to 2016/0133(COD)
Amendment 10 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 63 #
Proposal for a regulation
Article 3 – paragraph 1
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.
Amendment 66 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 155 #
Proposal for a regulation
Recital 19
Recital 19
(19) The definition of a family member in this Regulation should include the sibling or siblings, grandparents and uncles or aunts of the applicant. Reuniting siblings, grandparents and uncles or aunts is of particular importance for improving the chances of integration of applicants and hence reducing secondary movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some secondary movements of asylum seekers within the EU.
Amendment 156 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the presence of family members should become a binding responsibility criterion. In particular, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodged his or her application for international protection, unlessis present, provided that, following a multidisciplinary assessment of the child's best interests, it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individualised guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision on responsibility or to transfer an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise and the participation of his or her guardian and legal advisor or counsellor.
Amendment 168 #
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State Member State should be able to derogate from the responsibility criteria for example on humanitarian grounds, in particular for exfaminly reasons, and examinge an application lodged with it in cases whenfor international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulat. In order to ensure full respect of the applicant's right to private and family life, and in order to improve the prospects of long-term integration of the applicants, the existence of meaningful links with a Member State, including language skills, education, professional skills or cultural ties which would facilitate his or her integration, should become a binding responsibility criterion.
Amendment 273 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to provide for supplementary rules, 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 in respect of the identification of family members or, relatives or any other family relativeons of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the elements for assessing a private sponsorship; the criteria for assessing the capacity of a person to take care of a dependent person; the criteria for assessing the existence of meaningful links to a certain Member State, including language skills, education, professional skills or cultural ties; standard operating protocols for the determination of the best interests of a child and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 8 of this Regulation. 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 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. .
Amendment 298 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant arrived on the territory of the Member States , the following members of the applicant’s family who are present on the territory of the Member States:
Amendment 302 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 313 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- when the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 326 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the father or mother, grandmother, grandfather, aunt or uncle of the applicant, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 336 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘risk of absconding’ means the proven existence of reasons in an individual case, which are based on specific and objective criteria strictly defined by law, in line with guidelines set up by the EU Fundamental Rights Agency, to believe that an applicant or a third-country national or a stateless person who is subject to a transfer procedure may abscond;
Amendment 437 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
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 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 ;
Amendment 444 #
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) of the provisions relating to family reunification and of the provisions relating to the possibility to reunite with family members, relatives or sponsors pursuant to Articles 10-13 and 18ANEW of this Regulation;
Amendment 455 #
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(ia) in the case of unaccompanied minors, of the role and responsibilities of the guardian and of the procedure to file complaints against a guardian in confidence and safety and in full respect of children's right to be heard in this respect;
Amendment 461 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Children shall be provided information in a child- friendly manner and in a language they understand by appropriately trained staff. Member States shall use the common leafletinformation material drawn up pursuant to paragraph 3 for that purpose.
Amendment 489 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Children shall be interviewed in a child-friendly manner by appropriately trained and qualified person under national law and in the presence of the guardian and legal representative.
Amendment 503 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the independence, qualifications and expertise to ensure that the best interests of the minorchild are taken into consideration during the procedures carried out under this Regulation. Such representativeguardian shall have access to the content of the relevant documents in the applicant’s file including the specific leafletinformation material for unaccompanied minors. Guardians shall receive regular training to undertake their tasks.
Amendment 522 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 551 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodghas registered his or her application for international protection and is present, unless it is demonstrated that this is not in the best interests of the minorchild. A multidisciplinary best interests assessment shall be carried out in accordance with Article 8 in the Member State where the minor is present and shall determine whether the Member State responsible in line with an assessment of the child's best interests is the Member State where the minor has made an application, the Member State where the minor is present or another Member State based on Article 14A NEW.
Amendment 560 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of a Member State, and one parent or other adult responsible for the minor, whether by law or the practice of a Member State, is legally present in the territory of a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, provided that this is in the best interests of the child.
Amendment 566 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Family members who are beneficiaries of international protection
Amendment 567 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin, who has been allowed to reside as a beneficiary of international protectionis legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 765 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4 a. For the purpose of the implementation of this Regulation, Member States shall not hold children in detention.
Amendment 958 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Family members and relatives to whom the procedure for allocation applies shall be allocated to the same Member State.
Amendment 1010 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1 (new)
Article 58 – paragraph 3 – subparagraph 1 (new)
The European Union Agency for Asylum, in consultation with appropriate expert bodies and organisations, shall conduct a qualitative and quantitative stocktaking of the capacity for the reception of unaccompanied minors in all Member States during the transitional period referred to in Article 53(2a) in order to identify deficiencies and offer assistance to Member States in order to address those deficiencies.