57 Amendments of Abir AL-SAHLANI related to 2020/0279(COD)
Amendment 174 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity and fair sharing of responsibility between Member States, which is fair towards third- country nationals.
Amendment 186 #
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and, in an integrated manner, and properly implemented.
Amendment 200 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member Statesand dignified treatment of applicants for international protection or of third-country nationals residing legally or those subject to a return decision, and the respect of their human rights in every Member States, the fair and efficient return of third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, and the prevention of, and enhanced measures to combat, illegal migration and, migrant smuggling and human trafficking.
Amendment 206 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legally in Member State, upholding human rights and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.
Amendment 272 #
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need. Voluntary departure should always be preferred and facilitated above compulsory removal. Returns of unaccompanied children may only take place when it is in their best interest and should not involve the use of force or physical restraints or other forms of coercion against them.
Amendment 276 #
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy, while fully complying with fundamental rights and the principle of non-refoulement. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need and the quality of asylum and return decisions.
Amendment 283 #
Proposal for a regulation
Recital 15
Recital 15
(15) TIt is necessary to strengthen cooperation with third countries on asylum, migration and border management, including in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, includ. Therefore, the Union and the Member States should develop a new mechanism of cooperation, including by setting out tailored-made and mutually beneficial partnerships with third-countries, comprising all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. Such partnerships should provide a framework for better coordination of policies with third countries and create a win-win situation for both partners, and be based on human rights, rule of law and the respect of the Union’s common values. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
Amendment 320 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations, especially taking into account the vulnerability of those persons, irrespective of whether there is a situation of migratory pressure.
Amendment 333 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool for SAR operations’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.
Amendment 364 #
Proposal for a regulation
Recital 22
Recital 22
(22) The overall contribution of each Member State to the solidarity pool for SAR operations should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.
Amendment 380 #
Proposal for a regulation
Recital 24
Recital 24
(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whetestablish an annual solidarity pool based on the projections of the evolution of the migratory flows in the annual Migration Management Report. The pool shall be used only where a Member State is under migratory pressure and setting out the measures that could support that Member State during the one year period. The unused contributions should be deleted at the end of that period. Such a mechanism enables appropriate predictability for all Member States, both benefiting addressing the situation of migratory pressure.nd contributing, and ensures a timely implementation of the solidarity at the Union level
Amendment 385 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) For the establishment of that solidarity pool, Member States should notify to the Commission the type of solidarity contributions that they commit for. Where Member States are themselves expected to be benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a proportional reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be then shared proportionately among the other Member States taking such measures.
Amendment 386 #
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to contribute to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.
Amendment 416 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. The European Border and Coast Guard Agency shall continue to, throughout the entire return and readmission process, respect human dignity as well as fundamental rights. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 538 #
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background, and should follow an independent evaluation of his/her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 559 #
Proposal for a regulation
Recital 46
Recital 46
(46) The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. This should be without prejudice to the right of an applicant to lodge an application individually.
Amendment 585 #
Proposal for a regulation
Recital 49
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. The competent authorities from the Member States should cooperate closely during the process of determination to assess quickly whether family ties exist.
Amendment 604 #
Proposal for a regulation
Recital 52
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation. Such measure should be considered as a solidarity contribution.
Amendment 617 #
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53a) In order to ensure more convergence in the application of this Regulation, it is also necessary to define at the Union level the criteria for determining a risk of absconding in the context of a decision of transfer.
Amendment 635 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon, or in the event an applicant is in possession of new and tangible elements or evidence, which the competent authorities did not assess.
Amendment 647 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
Amendment 652 #
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation. In order to avoid the deprivation of liberty where less stringent measures might be applicable according to that Regulation, Member States should make use of other alternatives to detention. Such alternatives may be provided, in particular, for applicants with special reception needs, such as minors, families or other vulnerable persons.
Amendment 688 #
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66a) A Common and secured electronic transmission and communication system should also be set-up to facilitate the cooperation and the exchange of information between the Member States.
Amendment 696 #
Proposal for a regulation
Recital 70
Recital 70
(70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. _________________ 47Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1.
Amendment 704 #
Proposal for a regulation
Recital 72
Recital 72
(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health and vulnerabilities certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 738 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum and migration in the Union and the proper implementation of the Common European Asylum System;
Amendment 755 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law;
Amendment 792 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor or adult dependent children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 794 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarrieor an adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 800 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarrieor an adult dependent child, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 811 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v a (new)
Article 2 – paragraph 1 – point g – point v a (new)
(va) As a derogation to points (ii), (ii) and (iv), where the minor is married, the adult spouse constitutes a member of family provided that the marriage is in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.
Amendment 817 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years. This is to be assessed, where applicable, at the time his or her application for international protection is made;
Amendment 825 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];
Amendment 846 #
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national lawand common criteria, clearly defined, to believe that an applicant who is subject to a transfer procedure may abscond. Such criteria shall be defined pursuant to the procedure in Article 2a;
Amendment 881 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a largecertain number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action and which causes the Member State concerned not to be able to fulfil its legal obligations under the Common European Asylum System;
Amendment 1048 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking;
Amendment 1055 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) Provide and invest in adequate reception, including measures to protect those with special needs such as children.
Amendment 1146 #
Proposal for a regulation
Article 7 – paragraph -1 (new)
Article 7 – paragraph -1 (new)
-1. In accordance with Article 3(2)(a), the Commission, in cooperation with the Member States as well as Union bodies, offices and agencies, shall build tailor- made and mutually beneficial partnerships with relevant third-countries in view of better achieving the Union’s objectives in the field of asylum and migration. Such partnerships shall provide a framework for better coordination of policies with third-countries and create a win-win situation for both partners, and be based on human rights, rule of law and on the respect of the Union’s common values. They shall primarily be based on a ‘more for more’ approach, whereby more cooperation from the side of a third- country should result in more support from the Union in various policy areas. This may include cooperation on capacity-building for the reception of refugees, visa policies, development assistance, return and readmission agreements, border management, fighting human trafficking and smuggling networks, protection of human rights, especially the rights of the child.
Amendment 1149 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall engage a high level dialogue with that third-country and the Member States to find common and fair solutions for a better functioning of the partnership. If the high-level dialogue does not generate sufficient improvements, the Commission shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 57Regulation (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 1153 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. These measures shall never be in contradiction with EU values or principles. _________________ 57Regulation (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 1155 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Measures undertaken should always respect human rights, in particular the rights of the child.
Amendment 1167 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency and fundamental rights compliance of the cooperation referred to under this Article, and report to the European Parliament and the Council. Relevant EU agencies and bodies shall report to the Commission for this annual evaluation, such as the European Border and Coast Guard Agency, the Fundamental Rights Agency, the European Court of Auditors and the EU Asylum Agency.
Amendment 1168 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency of the partnerships referred to in the first paragraph, as well as the implementation of this Article, and report to the European Parliament and the Council.
Amendment 1340 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. When the applicant is a minor, information shall be provided in a child-friendly manner, both in written and oral form.
Amendment 1431 #
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) The right to family life, including family reunification possibilities;
Amendment 1438 #
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background, while having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1448 #
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1507 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. In a scenario where the applicant is a married minor below the age of 16, the Member State responsible shall still be the Member State where the father, mother or other non- spouse adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present, regardless of whether the adult spouse of the minor is legally present or not within a Member State.
Amendment 1561 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where the applicant is in possession of a diploma or qualification issued by an education establishment or a certificate of vocational competency established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection.
Amendment 1799 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1, when that information has not been already communicated.
Amendment 1956 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.
Amendment 1959 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
The Commission shall, by means of implementing acts, draw up the common health and vulnerabilities certificate. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 2092 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 2093 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
The Solidarity Forum should comprise all Member States, whose representatives shall have the appropriate level of responsibility and decision-making for its purpose. Should one or several Member States decide not to participate, the Solidarity Forum shall still be convened within the margins of a qualified majority. The Commission may request the Asylum Agency, the European Border and Coast Guard Agency, and the External Action Service to be represented.
Amendment 2095 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Annual solidarity pool 1. Each year, the Commission shall set up an ‘Annual solidarity pool’ composed of the Member States’ contributions commitments for the upcoming year. 2. The Annual solidarity pool shall consist of: (a) a specific solidarity pool for search and rescue operations which shall be activated for a Member State where search and rescue operations generate recurring arrivals of third-country nationals or stateless persons onto its territory, pursuant to Articles 47, 48 and 49. That pool shall consist of solidarity contributions referred to in Article 47(4); (b) a general solidarity pool which shall be activated in the event a Member State is under migratory pressure, pursuant to Articles 49a. That pool shall consist of solidarity contributions referred to in Article 45(1); 3. Where at the end of the one year period referred to in the first paragraph the contributions commitments have not been used, or not entirely, that commitments shall be deleted.
Amendment 2198 #
Article 49a Solidarity pool for a Member State under migratory pressure 1. Each year, on the basis of annual projection indicated in the Migration Management Report referred to in Article 6(4), third subparagraph, the Commission shall draw on a solidarity pool and coordinate the distribution of contributions when a Member State is under pressure. 2. Within two weeks of the adoption of the Migration Management Report, the Commission shall invite all other Member States that are not expected to be under migratory pressure to provide solidarity contributions referred to in Article45(1). 3. Within one month of the adoption of the Migration Management Report, Member States shall submit to the Commission their solidarity contributions commitments, including the share of each type of contribution where relevant. Where the contributions includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor. Where Member States indicate capacity- building measures set out in Article 45(2), point (d) they shall also indicate the detailed arrangements and the time frame for their implementation. 4. Where the Commission considers that the contributions indicated by the Member States do not correspond to the needs identified in the Migration Management Report provided for in Article 6(4), it shall convene the Solidarity Forum within a maximum time of two weeks. In such cases, the Commission shall invite Member States to adjust their contributions in the course of the Solidarity Forum by submitting a revised version of their contributions.
Amendment 2406 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting Member State. The return process shall be carried out in such a manner that it respects the human dignity of the illegally staying third country national.