63 Amendments of Helga STEVENS related to 2016/0223(COD)
Amendment 34 #
Proposal for a regulation
Recital 4
Recital 4
(4) In its Communication of 6 April 2016,32 the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member State responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the EU asylum system, to prevent secondary movements within the European Union and a new mandate for the European Union Agency for Asylum agency. That Communication is in line with calls by the European Council on 18- 19 February 201633 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016. Furthermore countering the abuse of the asylum systems of the Member States should act as a guiding principle of this Regulation. _________________ 32 COM (2016) 197 final. 33 EUCO 19.02.2016, SN 1/16.
Amendment 51 #
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account the different particularprinciples laid down in the Council Directive 2003/86/EC1a, which stress the core family unit, the different circumstances of dependency and the special attention to be paid to thbe best interests of the child. It 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 notion should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State_________________ 1aCouncil Directive 2003/86/EC of 22 September 2003 on the right to family reunification, OJ L 251, 3.10.2003, p. 12– 18.
Amendment 55 #
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective and of a non-temporary nature.
Amendment 59 #
Proposal for a regulation
Recital 30
Recital 30
(30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. These same acts, methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status.
Amendment 71 #
Proposal for a regulation
Recital 42
Recital 42
(42) Beneficiaries of international protection should reside in the Member State which granted them protection. Those beneficiaries who are in possession of a valid travel document and a residence permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to 90 days in any 180-day period in accordance with Schengen Borders Code38 and with Article 21 of the Convention implementing the Schengen Agreement39. Beneficiaries of international protection can equally apply to reside in a Member State other than the Member State which granted protection, in accordance with relevant EU rules, notably on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment40 and national rules; however, this does not imply any transfer of the international protection and related rights. _________________ 38 Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders. 39 Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. 40COM (2016) 378 final.
Amendment 74 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back and sanctioned by the Member State responsible in accordance with the procedure laid down by Regulation41and this Regulation. _________________ 41 (EU)No [xxx/xxxx New Dublin Regulation].
Amendment 78 #
Proposal for a regulation
Recital 45
Recital 45
(45) The notion of national security and public order also covers cases in which a third-country national belongs to an association which supports international terrorism or supports such an associationeither directly or indirectly supports terrorism or religious radicalism.
Amendment 87 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.
Amendment 91 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 98 #
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. Howevand their family members, as regards beneficiaries of subsidiary protectionferred to in the Article 2(9), with social assistance rights. However, Member States should be given somwide flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective and successful participation of the beneficiary of international protection and his or her family members in integration measures.
Amendment 103 #
Proposal for a regulation
Recital 52
Recital 52
(52) Access to basic healthcare, including both physical and mental healthcare, should be ensured to beneficiaries of international protection.
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – introductory part
Article 2 – paragraph 1 – point 9 – introductory part
(9) ‘family members’ means, in so far as the family already existed before the applicant arrived on the territory of the Member Statesin the country of origin, or, in the case of a stateless person, in the country of former habitual residence, the following members of the family of the beneficiary of international protection who are present in the same Member State in relation to the application for international protection:
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1)marked out by the Member State.
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The applicant shall submit without delay all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Any period of illegal stay in the territory of the Member State before lodging an application for international protection should be investigated as potential evidence of motives for staying in the Union other than legitimately seeking international protection.
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 5 – point d
Article 4 – paragraph 5 – point d
(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so;
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 121 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Protection against persecution or serious harm shall be effective and of a non-temporary nature. That protection shall be considered to be provided when the actors referred to in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, among others, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to that protection.
Amendment 129 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant.
Amendment 133 #
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persons in all Member States. Furthermore countering the abuse of the asylum systems of Member States should act as a guiding principle of this Regulation.
Amendment 135 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) planning of, incitement or contribution to or execution of terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political or religious objective.
Amendment 136 #
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) serious crimes against sexual self- determination, in accordance with national law of the Member State, such as rape or statutory rape.
Amendment 146 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) he or she has committed a serious crime such as planning of, incitement or contribution to or execution of terrorist act, even if committed with a purportedly political or religious objective or a serious crime against sexual self-determination such as rape or statutory rape;
Amendment 148 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The exclusion of a person from subsidiary protection status shall depend exclusively on whether the conditions set out in paragraphs 1 and 2 are met and shall not be subject to any additional proportionality assessment in relation to a particular case.
Amendment 167 #
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account the principles laid down in Council Directive 2003/86/EC1a , which stress the core family unit, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It 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 notion should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State_________________ 1aCouncil Directive 2003/86/EC of 22 September 2003 on the right to family reunification, OJ L 251, 3.10.2003, p. 12– 18.
Amendment 180 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Within the limits set by international obligations, residence conditions may be imposed on a beneficiary of international protection who receives certain specific social security or social assistance benefits only where those residence conditions are necessary to facilitate the integration of the beneficiary in the Member State that has granted that protection.
Amendment 181 #
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State. Such protection should be effective and of a non-temporary nature.
Amendment 183 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx at his or her own expense, deductible from the financial allowances received from the Member State granting the protection. The person subject to a take back procedure shall also be penalised by withdrawal of relevant rights in Section III for a limited period of time.
Amendment 184 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards:
Amendment 190 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Minors granted international protection shall have full access to the education system, under the same conditions as nationals of the Member State that has granted protection. other third country nationals legally residing in the Member State that has granted protection. Though Member States should be left the discretion to assign special school facilities for minors, who are granted international protection, in order to safeguard an orderly school environment.
Amendment 193 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.
Amendment 194 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Amendment 195 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards access to appropriate schemes for the assessment, validation and accreditation of their prior learning and experience.
Amendment 197 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection with regard to social security.
Amendment 198 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals legally residing in the Member State that has granted protection as regards social assistance.
Amendment 202 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Access to certain social assistance specified in national law mayshall be made conditional on the effective participation and successful conclusion of the beneficiary of international protection and his or her family members as referred to in the Article 2(9) in integration measures.
Amendment 203 #
Proposal for a regulation
Recital 30
Recital 30
(30) Acts contrary to the purposes and principles of the United Nations are set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations and are, amongst others, embodied in the United Nations resolutions relating to measures combating terrorism, which declare that ‘acts, methods and practices of terrorism are contrary to the purposes and principles of the United Nations’ and that ‘knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations’. These same acts, methods and practices should also constitute a reason to deny and revoke refugee status or subsidiary protection status.
Amendment 205 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 208 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as nationals ofother third country nationals legally residing in the Member State that has granted such protection.
Amendment 211 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection.
Amendment 217 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 218 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in Art 22 of Regulation EU No xxx/xxx[Procedures regulation].
Amendment 221 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. National dispersal practices of beneficiaries of international protection shall be carried out to the extent possible without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodationin an appropriate and cost-effective manner.
Amendment 226 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate the integration ofinto society, beneficiaries of international protection into society, beneficiaries of international protectionand their family members as referred to in the Article 2(9) shall have access to integration measures provided by the Member States, in particulare.g. language courses, civic orientation and integration programs and vocational training which take into account their specific needs.
Amendment 230 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States mayshall make participation in integration measures compulsory. Access to social benefits shall depend on the effective participation and successful conclusion of the beneficiaries of international protection and his or her family members as referred to in the Article 2(9) in integration programs.
Amendment 253 #
Proposal for a regulation
Recital 45
Recital 45
(45) The notion of national security and public order also covers cases in which a third-country national belongs to an association which supports international terrorism or supports such an associationeither indirectly or directly supports terrorism or religious radicalism.
Amendment 261 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures.
Amendment 274 #
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protectionand their family members in the context of this Regulation with social assistance. However, Member States should be given somwide flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective and successful participation of the beneficiary of international protection and his or her family members in integration measures.
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).marked out by the Member State;
Amendment 344 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The applicant shall submit without delay all the elements available to him or her which substantiate the application for international protection. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Any period of illegal stay in the territory of the Member States before lodging an application for international protection shall be investigated as potential evidence of motives for staying in the Union other than legitimately seeking international protection.
Amendment 368 #
Proposal for a regulation
Article 4 – paragraph 5 – point d
Article 4 – paragraph 5 – point d
(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so;
Amendment 373 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 445 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the concept of political opinion shall, in particular, include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution mentioned in Article 6 and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant.
Amendment 484 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) planning of, incitement or contribution to or execution of terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political or religious objective.
Amendment 486 #
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) serious crimes against sexual self- determination, in accordance with national law of the Member State, such as rape or statutory rape.
Amendment 562 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) he or she has committed a serious crime such as planning of, incitement or contribution to or execution of terrorist act, even if committed with a purportedly political or religious objective or a serious crime against sexual self-determination such as rape or statutory rape;
Amendment 572 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The exclusion of a person from subsidiary protection status shall depend exclusively on whether the conditions set out in paragraphs 1 and 2 are met and shall not be subject to any additional proportionality assessment in relation to the particular case.
Amendment 701 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where a beneficiary is found in a Member State other the one that him or her granted protection without a right stay or the right to reside there in accordance with relevant Union or national law, he will be subject to a take back procedure as defined under Article 20(1)(e) of the Dublin Regulation (EU) no. xxx/xxx. at his or her own expense, deductible from the financial allowances received from the Member State granting the protection. The person subject to a take back procedure shall also be penalised by withdrawal of relevant rights in Section III for a limited period of time.
Amendment 714 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection as regards access to appropriate schemes for the assessment, validation and accreditation of their prior learning and experience.
Amendment 717 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection with regard to social security.
Amendment 719 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Beneficiaries of international protection shall enjoy equal treatment with nationals ofother third-country nationals residing in the Member State that has granted protection as regards social assistance.
Amendment 722 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Access to certain social assistance specified in national law mayshall be made conditional on the effective participation and successful conclusion of the beneficiary of international protection and his or her family members as referred to in the Article 2(9) in integration measures.
Amendment 730 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as nationals ofother third-country nationals residing in the Member State that has granted such protection.
Amendment 766 #
2. Member States mayshall make participation in integration measures compulsory. Access to the social benefits shall depend on the effective participation and successful conclusion of the beneficiaries of international protection in integration programs.