14 Amendments of Kostadinka KUNEVA related to 2016/0133(COD)
Amendment 442 #
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 472 #
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 524 #
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 605 #
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.
Amendment 619 #
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 662 #
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 678 #
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 700 #
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 703 #
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 708 #
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 713 #
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 715 #
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 719 #
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 835 #
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate