40 Amendments of Elissavet VOZEMBERG-VRIONIDI related to 2016/0133(COD)
Amendment 207 #
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism. The national competent authorities of the Member State should be entitled to consult the information linked to the unique application number for security reasons.
Amendment 224 #
Proposal for a regulation
Recital 32
Recital 32
(32) A reference 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 15080% of the figure identified in the reference key. The corrective allocation should cease to apply when the number of applicants for which a Member State is responsible drops below 75% 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.
Amendment 260 #
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with Commission Regulation (EC) No 1560/200322 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. The European Union Agency for Asylum should play a key role in guaranteeing that transfers are duly carried out, especially when they are on a voluntary basis. _________________ 22 OJ L 222, 5.9.2003, p. 3.
Amendment 357 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining it. This provision shall not be applied in those cases in which the first Member State where the application for international protection was lodged is a benefitting State in accordance to Article 34.
Amendment 361 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of F applicant would be subjected to a real risk of a serious violation of his or her fundamental Rrights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 384 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 399 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The applicant shall submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of ll the available elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible only insofar as they have been submitted before the set deadline of the Member State to submit the take charge request to another Member States.
Amendment 415 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Member State in which the applicant is obliged to be present shall not continue the procedures for determining the Member State responsible even whenin case the applicant leaves the territory of that Member State without authorisation or is otherwise not available for the competent authorities of that Member State.
Amendment 427 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. As soon as an application for international protection is lodged within the meaning of Article 21(2)8 [Proposal for the Asylum Procedures Regulation] in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 4 as well as the consequences of non-compliance set out in Article 5 , and in particular :
Amendment 441 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) that a Member State may decide to apply the discretionary clauses under Article 19 , as well as of the specific modalities relating to this procedure;
Amendment 446 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) of the purpose of the personal interview pursuant to Article 7 and the obligation 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 informations well as what information the applicant will be asked to submit during the interview and before the set deadline of the Member State to submit a take charge request to another Member State;
Amendment 456 #
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(ia) of the right to request free legal assistance and representation in the appeal procedure provided for in Chapter V of [Proposal for the Asylum Procedures Regulation]
Amendment 473 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed upon their own request on the progress of the procedures carried out under this Regulation with regard to their application. In the case of minors, the competent authorities shall inform both the minor and the guardian.
Amendment 523 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 540 #
Proposal for a regulation
Article 9 – paragraph 1
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.
Amendment 554 #
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, and if no Member State has accepted under Article 19 to examine the application becoming the Member State responsible, the Member State responsible shall be thate one where the unaccompanied minor first has lodged his or herminor is present after having lodged an application for international protection, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 575 #
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 580 #
Proposal for a regulation
Article 14 – paragraph 2
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).
Amendment 599 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The principle set out in paragraph 1 shall not apply if the third-country national or the stateless person lodges his or her application for international protection in another Member State in which the need for him or her to have a visa for entry into the territory is also waived. In that case, that other Member State shall be responsible for examining the application for international protection.
Amendment 604 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of origininsofar as the family ties already existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing. The Commission shall be empowered to adopt an implementing act laying down the rules and the procedural steps on how to establish the dependency link.
Amendment 611 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
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.
Amendment 620 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The Member State in which an application for international protection is madelodged and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a Member State responsible has been determined , request another Member State to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family or cultural considerations even where that other Member State is not responsible under the criteria laid down in Articles 10 to 13 and 18. The persons concerned must express their consent in writing.
Amendment 629 #
Proposal for a regulation
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
(d) take back, under the conditions laid down in Articles 26 and 30, a third-country national or a stateless person whose application has been rejected at first instance and who made an application in another Member State or who is on the territory of another Member State without a residence document;.
Amendment 663 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
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.
Amendment 676 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Submitting a take charge or take back request
Amendment 679 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where a Member State with which an application for international protection has been lodged considers that another Member State is responsible for examining the application, it shall , as quickly as possible and in any event within onthree months of the date on which the application was lodged within the meaning of Article 21(2), request that other Member State to take charge of the applicant.
Amendment 683 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Article 13 of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013] or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EU) 767/2008 , the request shall be sent within two weeksone month of receiving that hit .
Amendment 684 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Amendment 701 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Submitting a take back notificationrequest when a new application has been lodged in the requesting Member State
Amendment 704 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In a situation referred to in Article 20(1)(b), (c), (d) or (e) the Member State where the person is present shall make a take back notificationrequest at the latest within two weeks after receiving the Eurodac hit, and transfer that person to the Member State responsible .
Amendment 709 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1 a. Where the take back request is not made within the periods laid down in paragraph 1, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 710 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. A take back notificationrequest shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) and/or relevant elements from the statements of the person concerned enabling the authorities of the requested Member State to check whether it is responsible on the basis of the criteria laid down in this Regulation.
Amendment 714 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The Member State responsible shall confirm immediately the receipt of the notificationrequest to the Member State which made the notificationrequest.
Amendment 717 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notifications requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 718 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Replying to a take back request 1. The requested Member State shall make the necessary checks and shall give a decision on the request to take back the person concerned as quickly as possible and in any event no later than one month from the date on which the request was received. When the request is based on data obtained from the Eurodac system, that time limit shall be reduced to two weeks. 2. Failure to act within the one month period or the two weeks period mentioned in paragraph 1 shall be tantamount to accepting the request, and shall entail the obligation to take back the person concerned, including the obligation to provide for proper arrangements for arrival.
Amendment 767 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (e) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision . Especially when the transfer to the Member State responsible is carried out on a voluntary basis, the European Union Agency for Asylum shall play a key role in assuring that the applicant is effectively transferred.
Amendment 792 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
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 1580% of the reference number for that Member State as determined by the key referred to in Article 35.
Amendment 836 #
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 975 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
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 15075 % of its share pursuant to Article 35(1).
Amendment 1015 #
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
Unemployment rate effectMS