Activities of Assita KANKO related to 2016/0224(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU
Amendments (12)
Amendment 108 #
Proposal for a regulation
Recital 40b
Recital 40b
(40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than 20% of the total number of decisions for that third country. In other cases, such as when the applicant is from a safe country of origin or a safe third country, as established by that Member State or by the Union, the use of the border procedure should be optional for the Member States.
Amendment 119 #
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. 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. .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 possiblewhere the border procedures will be carried out.
Amendment 129 #
Proposal for a regulation
Recital 40d
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply it for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that case. The determination of whether a third country isA country should be considered to cooperatinge sufficiently on readmission should be based on the procedures set out inif it is in the process of being sanctioned under Article 25a of Regulation (EC) No 810/2009.
Amendment 136 #
Proposal for a regulation
Recital 40e
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 126 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision on the first level of appeal is issued within this maximum 126 week. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 126 weeks. This period should be counted starting from the moment in which the applicant, third-country national or stateless person no longer has a right to remain or is no longer allowed to remain.
Amendment 238 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) following apprehension on the territory of the country, including in connection with an unauthorised crossing of the external border;
Amendment 346 #
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 1
Article 41 – paragraph 11 – subparagraph 1
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 126 weeks from when the application is registered. Following that period, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicable.
Amendment 350 #
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 2
Article 41 – paragraph 11 – subparagraph 2
By way of derogation from the time limits set in Articles 34, 40(2) and 55, Member States shall lay down provisions on the duration of the examination procedure and of the appeal procedure which ensure that, in case of an appeal against a decision rejecting an application in the framework of the border procedure, the decision on such appeal is issued within 126 weeks from when the application is registered.
Amendment 375 #
Proposal for a regulation
Article 41 – paragraph 13
Article 41 – paragraph 13
13. During the examination of applications subject to a border procedure, the applicants shall be kept at or in proximity to the external border or transit zones. Member States may also choose other locations, based on geographical, logistical or other needs. Each Member State shall notify to the Commission, [two months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out, at the external borders, in the proximity to the external border or transit zones, including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. Any changes in the identification of the locations at which the border procedure is applied, shall be notified to the Commission two months in advance of the changes taking effect.
Amendment 384 #
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
Amendment 405 #
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 126 weeks in locations at or in proximity to the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territory or in other designated locations. The 126-week period shall start from when the applicant, third- country national or stateless person no longer has a right to remain and is not allowed to remain.
Amendment 417 #
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 1520 days.
Amendment 488 #
Proposal for a regulation
Article 53 – paragraph 7 – point b
Article 53 – paragraph 7 – point b
(b) between a minimum of two weeks and a maximum of twoone months in all other cases.