16 Amendments of Gérard DEPREZ related to 2015/0211(COD)
Amendment 42 #
Proposal for a regulation
Recital 4
Recital 4
(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should temporarily retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulation, on the basis of a report to be presented by the Commissioree years after this regulation enters into force, the Member States should eliminate their national lists of safe countries of origin.
Amendment 43 #
Proposal for a regulation
Recital 4
Recital 4
(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States, which runs counter to the objective of a common EU asylum system and could cause secondary movements of asylum seekers. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulation, on the basis of a report to be presented by the Commission.
Amendment 45 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The establishment of an EU common list of safe countries of origin and the elimination of national lists of safe countries of origin can only lead to the full convergence of asylum procedures in the EU if the procedural stages and deadlines are harmonised, in particular in the case of accelerated procedures. The possibility to take additional harmonisation measures in connection with Directive 2013/32/UE should be envisaged.
Amendment 54 #
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the need to conduct an appropriate individual examination of the application for international protection, including a personal interview as required by Article 14 of Directive 2013/32/EU. In addition, it should be recalled that, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her. The same rule should automatically apply to third-country nationals who belong to a national, ethnic, religious or linguistic minority in that country. In line with Article 46 of Directive 2013/32/EU, Member States must guarantee all applicants the right to an effective remedy before a court or tribunal if their request for international protection is refused. They must also be given permission to remain in the territory until the time limit to exercise their right to an effective remedy has expired, and, if they have exercised that right within the time limit, while they await the outcome of the remedy.
Amendment 63 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should regularly review the situation in third countries that are on the EU common list of safe countries of origin. In case off a sudden change for the worse in the situation of a third country on the EU common list could lead to that country’s non-compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36 of Directive 2013/32/EU, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Third countries listed in Annex I to this Regulation are designated as safe countries of origin.
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin or suspended from the list in line with Article 3 of this regulation, and shall regularly review those countries’ compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36(a) of Directive 2013/32/EU, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations.
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall regularly examine the situation in third countries and the possibility of proposing to add them to the EU common list of safe countries of origin. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure.
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of sudden changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if could lead to that country’s non- compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36 of Directive 2013/32/EU set out under Article 36(a) of Directive 2013/32/EU, the Commission shall conduct a reasoned assessment of that country’s compliance with those conditions and, if they are no longer met, shall adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one year.
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Directive 2013/32/EU
Article 36 – paragraph 1
Article 36 – paragraph 1
1. A third country designated as a safe country of origin in accordance with this Directive by national law or that is on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 of the European Parliament and of the Council* [this Regulation] may, after an individual examination of the application, including a personal interview as required by Article 14, be considered as a safe country of origin for a particular applicant only if:
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Directive 2013/32/EU
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
a) he or she has the nationality of that country and does not belong to one of the national, ethnic, religious or linguistic minorities of that country;
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Directive 2013/32/EU
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
"1a. The third countries in Annex I of this directive and in Annex I of Regulation (EU) No XXXX/2015 (this regulation) are third countries that have been designated as safe countries of origin and make up the EU common list of safe countries of origin.’
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)
Article 4 – paragraph 1 – point 1 a (new)
Directive 2013/32/EU
Article 36 a (new)
Article 36 a (new)
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Directive 2013/32/EU
Article 37 – paragraph 1
Article 37 – paragraph 1
1. “1. For the three years following the entry into force of Regulation (EU) No XXXX/2015 [this regulation], Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection”.
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
Directive 2013/32/EU
Article 46 – paragraph 6 – point a
Article 46 – paragraph 6 – point a
2a. Article 46(6)(a) is replaced by the following: (a) considering an application to be manifestly unfounded in accordance with Article 32(2) or unfounded after examination in accordance with Article 31(8), except for cases where these decisions are based on the circumstances referred to in Article 31(8)(b) and(h); and (h);
Amendment 119 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
Directive 2013/32/EU
Annex I – title
Annex I – title