Activities of Bodil VALERO related to 2017/2270(INL)
Plenary speeches (1)
Humanitarian visas (debate) SV
Shadow reports (1)
REPORT with recommendations to the Commission on Humanitarian Visas PDF (464 KB) DOC (81 KB)
Amendments (49)
Amendment 1 #
Motion for a resolution
Heading 1
Heading 1
with recommendations to the Commission on European Humanitarian Visas
Amendment 3 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
Amendment 5 #
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
– having regard to the 1951 Geneva Convention relating to the Status of Refugees and Protocol of 1967,
Amendment 6 #
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
– having regard to the UN Global Compact for Safe, Orderly and Regular Migration (GCM) and to the UN Global Compact on Refugees which followed the New York Declaration for Refugees and Migrants adopted unanimously by the United Nations General Assembly on 19 September 2016,
Amendment 9 #
Motion for a resolution
Recital A
Recital A
A. whereas despite numerous announcements and requests for safe and legal pathways for persons seeking international or humanitarian protection there is currently no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seek international or humanitarian protection;
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas - as a result - an estimated 90% of those granted international protection have reached the Union through irregular means and, since 2014, more than 17,000 migrant fatalities were recorded at Europe's external borders, a figure that represents approximately two thirds (66%) of the total number of deaths and disappearances recorded worldwide by the IOM1a; _________________ 1aSee: International Organization for Migration (IOM), Missing Migrants Project
Amendment 16 #
Motion for a resolution
Recital B
Recital B
B. whereas the number of persons admitted on the basis of national protected entry procedures for humanitarian protection or through resettlement remain low in comparison to the global needs; whereas the scope of these possibilities is equally narrownational entry procedures for humanitarian protection and resettlement is narrowly defined and, in case of resettlement only includes persons who have already been recognised as refugees and who fulfil further vulnerability or geographical criteria, it is strictly connected to the criteria of vulnerability and registration as a refugee with UNHCR;
Amendment 18 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas European humanitarian visas should be complementary to and not substitute the already existing national entry procedures for humanitarian protection, resettlement procedures and spontaneous applications under international refugee law;
Amendment 19 #
Motion for a resolution
Recital C
Recital C
Amendment 28 #
Motion for a resolution
Recital D
Recital D
D. whereas a Union legal framework is urgently needed as one means to address the intolerable death toll in the Mediterranean and on the migration routes to the Union, to truly combat human smuggling, humanexposure to trafficking, exposure toin human beings, labour exploitation and violence on the black market, to manage the orderly arrival,s, dignified reception and fair processing of asylum claims and to reducoptimise Member States’ and Union costsbudget for asylum, law enforcement, border control, surveillance procedures and search and rescue activities as well as to avoid fragmentation through diverging national practices risking to undermine common policies andchieve coherent practices in the Union asylum acquis;
Amendment 29 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas there is currently no EU scheme for humanitarian visas per se; whereas under existing schemes Member States can issue visas on humanitarian grounds under Article 25 of the Visa Code, however this is left to the discretion of the individual Member States, resulting in low issuance rates;
Amendment 37 #
Motion for a resolution
Recital G
Recital G
G. whereas Parliament, faced with the Council's and Commission’s inaction, has therefore decided to proceed with drawing up this legislative own-initiative report on European humanitarian visas;
Amendment 44 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that Commission submit, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union, a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out in the Annex to this resolution;
Amendment 58 #
Motion for a resolution
Annex I – paragraph 1 – indent 2
Annex I – paragraph 1 – indent 2
– have Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union as legal basis,
Amendment 63 #
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 1
Annex I – paragraph 1 – indent 3 – subi. 1
– the current legal gap in Union law which, in addition to resettlement procedures applicable to vulnerable refugees, does not foresee clearspecific procedures, neither in the visa, nor in the borders or asylum acquis, for the admission to the territory of the Member States of persons seeking protection, with an estimated 90 % of the persons subsequently being recognised as refugees and beneficiaries of subsidiary protection reaching the territory of the Member States irregularly,1 often through life-threatening routes, _________________ 1 HEIN / DONATO (CIR) 2012: exploring avenues for protected entry in Europe, p. 17
Amendment 65 #
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 2
Annex I – paragraph 1 – indent 3 – subi. 2
– the risk of fragmentation as Member States increasingly set up their own programmes of humanitarian admission and procedures, going against the general aim under Article 78(1) of the Treaty on the Functioning of the European Union to develop a common policy on asylum and subsidiary and temporary protection, and leading also to the risk that these different schemes undermine the uniform application of the common provisions on entry to the territory of the Member States of third-country nationals as laid down in the Visa Code and Schengen Borders Code,
Amendment 66 #
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 3
Annex I – paragraph 1 – indent 3 – subi. 3
– the high costs, in human but also in social, economic and budgetary terms, associated with the status quo for the third- country nationals concerned (smuggler fees, risk of trafficking and exploitation, risk of persecution, risk of mortality and ill treatment, etc.) and for Member States and the Union (elevated costsbudget for search and rescue, including for private shipping, border protection, cooperation with third countries, asylum procedures and possibly return in case of rejected applications for international protection as well as the fight against organised crime, trafficking and smuggling etc.),
Amendment 68 #
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 4
Annex I – paragraph 1 – indent 3 – subi. 4
– the added value of Union action, in terms of ensuring compliance with Union values, including fundamental rights, mutual trust between Member States and confidence in the system by asylum seekers, legal certainty, foreseeability, and the similaruniform application and implementation of the rules, the achievement of economies of scale, and the reduction of the above- cited costs of the status quo,
Amendment 71 #
Motion for a resolution
Annex I – paragraph 1 – indent 4
Annex I – paragraph 1 – indent 4
– recall that the so-called Common European Asylum System, including the Asylum Procedures Directive2 and Dublin Regulation3 only apply on the territory of the Member States, while there is, at present, no regular means for asylum applicants to reach the territory where these instruments apply, _________________ 2 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 3 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
Amendment 72 #
Motion for a resolution
Annex I – paragraph 1 – indent 4 a (new)
Annex I – paragraph 1 – indent 4 a (new)
– stresses that, after the submission of an asylum application in a Member State, the EU’s Common European Asylum System shall apply, including the Regulation (EU) No XXX/XXX [Dublin Regulation] and Regulation (EU) No XXX/XXX [Asylum Procedures Regulation],
Amendment 74 #
Motion for a resolution
Annex I – paragraph 1 – indent 4 b (new)
Annex I – paragraph 1 – indent 4 b (new)
– stresses that a refusal of an application for a European humanitarian visa does not affect in any way the right to apply for asylum within the EU nor does it prevent the applicant to enter other available protection schemes,
Amendment 75 #
Motion for a resolution
Annex I – paragraph 1 – indent 4 c (new)
Annex I – paragraph 1 – indent 4 c (new)
– recall that resettlement procedures have a limited scope and apply to the most vulnerable individuals who have been registered as refugees with UNHCR and stresses that humanitarian visas should be complementary to, but not substitute, resettlement procedures,
Amendment 76 #
Motion for a resolution
Annex I – paragraph 1 – indent 5
Annex I – paragraph 1 – indent 5
– have as an objective to lay down provisions on the procedures and conditions for issuing a European humanitarian visa to persons seeking international or humanitarian protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international or humanitarian protection in that Member State,
Amendment 82 #
Motion for a resolution
Annex I – paragraph 1 – indent 6
Annex I – paragraph 1 – indent 6
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014 , and who are in need of protection against a real risk of being exposed to persecution or serious harm, as defined inin line with Directive 2011/95/EU5 ,and in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who are not covered byalready in the resettlement process as defined in national resettlement schemes or in [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6 , _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
Amendment 83 #
Motion for a resolution
Annex I – paragraph 1 – indent 6 a (new)
Annex I – paragraph 1 – indent 6 a (new)
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/2001, and who are in need of humanitarian protection when this does not amount to protection under Directive 2011/95/EU. Humanitarian protection should include issues such as vulnerability grounds when these do not amount to grounds allowing for resettlement, health conditions, compelling family grounds when these do not amount to grounds for family reunification and other grounds of humanitarian protection needs, such as in compelling individual cases arising from environmental degradation or climate change,
Amendment 87 #
Motion for a resolution
Annex I – paragraph 1 – indent 7
Annex I – paragraph 1 – indent 7
– provide for such visa applications to be lodged directly, by electronic means or in writing, at any consulate or embassy of the Member States, regardless of the applicants' country of origin or citizenship,
Amendment 91 #
Motion for a resolution
Annex I – paragraph 1 – indent 8
Annex I – paragraph 1 – indent 8
– provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant’s identity, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecuneed of international or serious harmhumanitarian protection,
Amendment 96 #
Motion for a resolution
Annex I – paragraph 1 – indent 9
Annex I – paragraph 1 – indent 9
– provide that the applicant for such a visa be invited to an interview with qualified interpretation if necessary, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
Amendment 99 #
Motion for a resolution
Annex I – paragraph 1 – indent 10
Annex I – paragraph 1 – indent 10
– provide that the, where applicable, any documents submitted be assessed, including as regards their authenticity, by a competent, independent, and impartial authority, with adequate knowledge and expertise in matters of international protection accordance with common visa practices,
Amendment 105 #
Motion for a resolution
Annex I – paragraph 1 – indent 11
Annex I – paragraph 1 – indent 11
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whebe assessed on the basis of ther applicant's have an arguable claim of exposure to a real risk of persecution or serious harmdeclaration and interview and, where available, supporting documentation, without conducting a full status determination process,
Amendment 108 #
Motion for a resolution
Annex I – paragraph 1 – indent 12
Annex I – paragraph 1 – indent 12
– provide that each applicant for such a visa be subject to a security screening, including by searching SIS, ECRIS-TCN, and Europol datain the relevant EU and national databases while fully respecting the applicable access rights and data protection rules, to ensure that he or she does not pose such a risk,
Amendment 113 #
Motion for a resolution
Annex I – paragraph 1 – indent 13
Annex I – paragraph 1 – indent 13
– provide that such visa applications be decided on within 15 calendar days of the date of lodgsubmitting the application,
Amendment 116 #
Motion for a resolution
Annex I – paragraph 1 – indent 14
Annex I – paragraph 1 – indent 14
– provide that the decision on the application be duly communicated to the applicant in a language that he or she can understand and that it be individualised, written and motivated,
Amendment 118 #
Motion for a resolution
Annex I – paragraph 1 – indent 15
Annex I – paragraph 1 – indent 15
– provide that a third-country national refused such a visa have the possibility for anright to appeal as is currently foreseen in the case of a refusal of a short- stay visa or a refusal of entry at the border, and, in case of third-country nationals who apply for a European humanitarian visa in order to apply for international protection in the Member States, the possibility for an appeal should be granted in line with the applicable rules under Regulation (EU) No XXX/XXX [Asylum Procedures Regulation],
Amendment 122 #
Motion for a resolution
Annex I – paragraph 1 – indent 16
Annex I – paragraph 1 – indent 16
– provide for such visas to be issued by means of a common sticker and inserted into VIS,
Amendment 124 #
Motion for a resolution
Annex I – paragraph 1 – indent 17
Annex I – paragraph 1 – indent 17
– provide that once a European humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international or humanitarian protection in that Member State,
Amendment 127 #
Motion for a resolution
Annex I – paragraph 1 – indent 17 a (new)
Annex I – paragraph 1 – indent 17 a (new)
– provide that, once a European humanitarian visa is issued and its holder has reached the territory of the EU, the EU’s common asylum acquis and procedures shall apply, including Regulation (EU) No XXX/XXX [Dublin Regulation] and Regulation (EU) No XXX/XXX [Asylum Procedures Regulation] and the rights enshrined therein,
Amendment 128 #
Motion for a resolution
Annex I – paragraph 1 – indent 18
Annex I – paragraph 1 – indent 18
Amendment 131 #
Motion for a resolution
Annex I – paragraph 1 – indent 19
Annex I – paragraph 1 – indent 19
– provide that such staff may either be posted in embassies or consulates or in Member States, in case of which applications armay be electronically transmitted and interviews conducted remotely,
Amendment 134 #
Motion for a resolution
Annex I – paragraph 1 – indent 20
Annex I – paragraph 1 – indent 20
– provide that certaonly the following aspects of the process, which do not entail any pre- selection of cases, assessment or decision making of any kind, may be managed by external service providers, including: the provision of information, the management of appointments for interviews, and the collection of biometric identifiers,
Amendment 135 #
Motion for a resolution
Annex I – paragraph 1 – indent 21
Annex I – paragraph 1 – indent 21
– provide that appropriate measures be put in place to ensure data protectionfully comply with rules on data protection, in particular the purpose limitation principle, data security and confidentiality of communications,
Amendment 136 #
Motion for a resolution
Annex I – paragraph 1 – indent 22
Annex I – paragraph 1 – indent 22
– provide that Member States cooperate with each other, to ensure its harmonised applicEU agencies, international organisations, with Union agencies, with UNHCR, as well as with other relevant governmental and non- governmental organisgovernmental and non-governmental organisations and other relevant stakeholders to ensure its harmonised applications,
Amendment 140 #
Motion for a resolution
Annex I – paragraph 1 – indent 24
Annex I – paragraph 1 – indent 24
Amendment 144 #
Motion for a resolution
Annex I – paragraph 1 – indent 25
Annex I – paragraph 1 – indent 25
– be evaluated after two years from the start of its application in view of deciding on a further progressive roll-out to cover ultimately all relevant refugee- producing third countriesentry into force of the Regulation,
Amendment 146 #
Motion for a resolution
Annex I – paragraph 1 – indent 26
Annex I – paragraph 1 – indent 26
– provide for significant financial support from the Integrated Border Management Fund to be made available to Member States for its implementation, including, where necessary, to cover the expenses incurred by applicants and European humanitarian visa holders to realise their rights under the European Humanitarian Visa Scheme,
Amendment 149 #
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 1
Annex I – paragraph 1 – indent 27 – subi. 1
– the Visa Code to clarify that for persons seeking international protection or humanitarian protection the provisions of the act establishing a European Humanitarian Visa apply,
Amendment 150 #
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 2
Annex I – paragraph 1 – indent 27 – subi. 2
– the Visa Information System to provide for applications for a European humanitarian visa to be entered into that system,
Amendment 154 #
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 5
Annex I – paragraph 1 – indent 27 – subi. 5
Amendment 157 #
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 5 a (new)
Annex I – paragraph 1 – indent 27 – subi. 5 a (new)
– Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 and to Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 in order to exempt carriers transporting third-country nationals from liability, obligations and penalties where the third- country nationals involved declare their intention to apply for international or humanitarian protection in the territory of the Member States.