30 Amendments of Hilde VAUTMANS related to 2016/0224(COD)
Amendment 91 #
Proposal for a regulation
Recital 40
Recital 40
(40) ‘Many applications for international protection are made at the external border or in a transit zone of a Member State, often by persons apprehended in connection with unauthorised crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals. After the screening, tThird- country nationals and stateless persons, where applicable after screening should be channelled to the appropriate asylum or retur, return or national protection procedure, or refused entry. A pre-entry phase consisting of screening and border procedures for asylum and return should therefore be established.’
Amendment 114 #
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border of that Member States where appropriate facilities exist. Vulnerable groups and applicants such as children should receive specific procedural safeguards and should be immediately referred to adequate accommodation. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity at border crossing points, or sections of the external border, where the majority of the number of applications for international protection are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried out. Member States should ensure that necessary arrangements are made to accommodate vulnerable applicants such as children, in accordance with, among others, the Reception Conditions Directive. The area assigned shall not affect their right to family life and shall guarantee the access to all rights and benefits under this Directive. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 150 #
Proposal for a regulation
Recital 40h a (new)
Recital 40h a (new)
(40h a) Minors, whether accompanied or unaccompanied, shall be considered applicants in need of special procedural guarantees as specified in Article 19 (I);
Amendment 151 #
Proposal for a regulation
Recital 40h b (new)
Recital 40h b (new)
(40h b) The appointed guardians of non-accompanied minors as referred to in Article 22 (4) of this Directive shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role.
Amendment 152 #
Proposal for a regulation
Recital 40h c (new)
Recital 40h c (new)
(40h c)Given the possibility for unaccompanied minors to file complaints against their guardians referred to in Article 22.5, all unaccompanied minors shall be given information, in a child- friendly manner and in a language that they understand, about who the supervising and monitoring entities or persons are and how to report complaints against their guardians in confidence and safety.
Amendment 153 #
Proposal for a regulation
Recital 40h d (new)
Recital 40h d (new)
(40h d) Age assessment procedures as referred to in Article 24, should apply the least intrusive method and the least intrusive process, following the EASO Practical Guide on Age Assessment and must be gender- and culturally appropriate. Pending age assessment results, the applicant is to be treated as a minor and accommodated in the appropriate reception structures provided for under national law. Age assessments should take place in an adequate environment by independent, adequately trained and qualified professionals who are familiar with the applicant’s ethnic and cultural background and employ a multi-disciplinary approach which takes into account physical, developmental, psychological, environmental and cultural factors, thereby allowing for the most reliable result possible. Experts in children’s development, such as paediatricians, social workers and psychologists, shall be involved throughout the assessment procedure. Cultural-linguistic mediators or, where not possible, qualified interpreters shall support these professionals. Guardians shall be present during the examination if requested to attend by the applicant. Minors shall be informed in a language they understand and in a way that is consistent with their age and degree of maturity. They shall have the right to an effective remedy against the decision determining their age.
Amendment 154 #
Proposal for a regulation
Recital 40h e (new)
Recital 40h e (new)
(40h e) if a minor does not have the legal capacity to act in asylum procedures referred to in Article 31 (8 & 9) and the responsible adult does not make an application, the determining authority shall lodge an application on behalf of the minor, with due regard to his or her views.
Amendment 311 #
Proposal for a regulation
Article 41 – paragraph 7 a (new)
Article 41 – paragraph 7 a (new)
7a. The responsible authorities shall explore alternatives to detention in border procedures, in particular for minors and applicants with specific vulnerabilities. Where possible, minors should be accommodated in non-custodial community-based placements while their immigration status is being resolved. Unaccompanied minors shall never be detained and shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into account their views.
Amendment 456 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point e a (new)
Article 53 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) a decision determining the applicant’s age.
Amendment 839 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor withe opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 841 #
Any such personal interview shall be conducted by a person whoin language they understand, in a child-sensitive and context- appropriate manner. The person conducting the personal interview shall hasve the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child-sensitive and context-appropriate manner.not wear military or law enforcement uniform
Amendment 852 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makarrives ain applicationthe Member State, appoint a person or an organisation as a guardian.
Amendment 861 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary expertise, and shall not have a verified record of child-related crimes or offencesqualifications and expertise and receive regular and appropriate training, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role.
Amendment 869 #
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionan adequate and limited number of unaccompanied minors at the same time, which would render him or her to ensure he or she is unable to perform his or her tasks effectively."
Amendment 871 #
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2
Article 22 – paragraph 5 – subparagraph 2
Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian. Unaccompanied minors shall be informed, in a child-friendly manner and in a language that they understand, about who these entities or persons are and which are the grievance mechanisms in place to report complaints against their guardians in confidence and safety.
Amendment 886 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be used, as a measure of last resort, to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are grounds for serious doubts as to whether or not the applicant is under the age of 18 and other approaches, such as attempts to gather documentary evidence, and other age assessment procedures that Member States may have decided to undertake have failed to determine the age of the applicant. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 901 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Any medical examination shall be performed with full respect for the individual’'s dignity, shall be the least invasive examination and shall be carried out by independent, trained and qualified medical professionals who are familiar with the applicant's ethnic and cultural background and in cooperation with a multi-disciplinary team with expertise in child rights, psychology and development, thereby allowing for the most reliable result possible.
Amendment 908 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understandand a child-friendly and age appropriate manner, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.
Amendment 1054 #
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application. and given an effective opportunity to do so within the ten working days provided for in Article 28(1) if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views
Amendment 1058 #
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working-day period starting from the expiry of the first ten working- day periomoment the minor is informed if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views.
Amendment 1076 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.
Amendment 1084 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights and child- focused organisations, or from other sources;
Amendment 1221 #
Proposal for a regulation
Article 39 – paragraph 5 a (new)
Article 39 – paragraph 5 a (new)
5a. The implicit withdrawal procedure shall not apply to minors.
Amendment 1267 #
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
Amendment 1275 #
Proposal for a regulation
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. The accelerated examination procedure shall not apply to minors
Amendment 1293 #
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The border procedure shall not apply to minors.
Amendment 1295 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 1384 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. As regards unaccompanied minors, the concept of first country of asylum may only be applieshall not apply, unless it is in his or her best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1.
Amendment 1432 #
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. As regards unaccompanied minors, the concept of safe third country may only be applied taking into consideration his or her best interests and where the authorities of the Member States have first received from the authorities of the third country in question confirmationassurance that the unaccompanied minor shall be taken in charge by those authoritieswill not face serious harm, discrimination or persecution and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e).
Amendment 1446 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant organisations, including child-focused organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).