152 Amendments of Nicola PROCACCINI related to 2020/0279(COD)
Amendment 172 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) thereof,
Amendment 175 #
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 solidarityincere cooperation between Member States, which is fair towards third-country nationals and on the prevention and deterrence of illegal immigration, including illegal departures and transit.
Amendment 196 #
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU)reinforcing cooperation between Member States and partnership with third countries. Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in needgenuine refugees with the right to asylum, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to preturn illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions,vent and deter illegal immigration to the Union, to swiftly return illegally staying third- country nationals and to support the border management capacity of third countries of origin or transit to prevent illegal departures as their contribution to the comprehensive approach.
Amendment 202 #
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 States, the swift return of those third-country nationals who do not fulfil the conditions for residence in the territory of Member States, and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling, including illegal departures from third countries of origin and transit, migrant smuggling and trafficking in human beings.
Amendment 216 #
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons genuinely in need of international protection and those who are not and in recognition that the challenge of irregularllegal arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregularllegal migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.
Amendment 224 #
Proposal for a regulation
Recital 7
Recital 7
(7) Member States should have sufficient human and financial resources and infrastructure, including physical barriers at their external borders, to effectively implement asylum and, migration management and border protection policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.
Amendment 228 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Physical barriers at the EU external borders should be adequately funded by the European Union since they serve the interests of not just Member States of first arrival but to the Union as a whole.
Amendment 236 #
Proposal for a regulation
Recital 8
Recital 8
(8) Taking a strategic approach, the Commission should adopt a long-term European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States.
Amendment 241 #
Proposal for a regulation
Recital 9
Recital 9
(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility ofincere cooperation set out in this Regulation and legal obligations stemming therefrom at national level.
Amendment 248 #
Proposal for a regulation
Recital 11
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Managementdopt an annual situational Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. Thethe evolution of the migratory situation. The annual situational Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.
Amendment 257 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.
Amendment 263 #
Proposal for a regulation
Recital 13
Recital 13
(13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of migratory pressure, the Commission should monitor and regularly report on the migratory situationwork in close cooperation with Member States.
Amendment 273 #
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 be swiftly returned. Given that a significant sharenumber of applications for international protection may be consideared unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiencynumber of returns and reducing the gaps between asylum and return proceduresof those illegally staying third-country nationals who are already present in the territory of Member States, preventing and deterring illegal departures of migrants from third countries of origin or transit, and granting access to the European Union just to those migrants who are genuinely in need of international protection, 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 genuinely in need.
Amendment 285 #
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in the areas of border control and migration management, in particular, for the swift return and readmission of illegally staying third- country nationals and the prevention of illegal departures, it is necessary to develop a new mechanism,. That mechanism should includinge all relevant EU policies, instruments and tools, to improve the coordination of the different actions in various policy areas other than migration, including development and trade, that the Union and the Member States may take for that purpose. 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 relbased on conditional cooperations with the third countryEU on migration management. 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 289 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The mechanism should be based on the precondition that development aid should be conditional on cooperation with the European Union on migration management.
Amendment 292 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State efficient cooperation measures should be established, namely the distribution of migrants with the right to asylum and the return sponsorship.
Amendment 307 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 315 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 325 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 341 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 350 #
Proposal for a regulation
Recital 21
Recital 21
(21) Persons disembarked should be distributed in a proportionate manner among the Member StatesJust those migrants whose eligibility for international protection has been established in the territory of a third country should be granted legal access to the territory of the European Union and be distributed in a proportionate manner among the Member States in accordance with a distribution key based on the population, the GDP and the unemployment rate of each Member State.
Amendment 356 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 370 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 378 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 388 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 406 #
Proposal for a regulation
Recital 26
Recital 26
(26) Only persons who are more likely to have ase right to stay in the Union should be relochas been established in third countries should be distributed among Member Stateds. Therefore, the scope of relocation of applicantsdistribution should be limited to those migrants whose eligibility for international protection should be limithas been established toin those who are not subject to the border procedure set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulatird countries before they have been granted legal access to the European Union].
Amendment 414 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility andcooperation measures should consist in a balance of effort between Member States also in the area of return of illegally staying third-country nationals . 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 that are present in other Member States. Member States should recognise the return decision issued by the benefittinganother 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. _________________ 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 425 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 439 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 451 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 457 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 470 #
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should be able to take, at its own initiative or at the request of another Member State, other solidaritycooperation measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends throughenhance the resilience of the European Union in the areas of asylum and migration management. Those contributions should include measures aimed at strengthening the cooperation with third countries. In addition, such solidarity measures shouldmay include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressurea broader commitment in distribution of beneficiaries of international protection whose eligibility has been established in third countries before they have been granted legal access to the European Union.
Amendment 481 #
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate thatThe processing of asylum applications should, as a general rule, take place outside the territory of the Union. Therefore, all illegal migrants who are intercepted before their arrival in the European Union should be sent directly to the territory of a partner third country. Without prejudice to this general rule, a clear and workable method for determining the Member State responsible for the examination of an application for international protection for those persons who have arrived to the territory of the Union in circumvention of the general rule should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 491 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 515 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State than the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidaritycooperation between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.
Amendment 524 #
Proposal for a regulation
Recital 40
Recital 40
(40) For reasons of efficiency and legal certainly, it is essentialIt is advisable that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States whether or not in compliance with a return decision or removal order following the withdrawal or rejection of the application.
Amendment 566 #
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member 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 definition should thereforedefinition should include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.
Amendment 578 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s most recent application for international protection whas first registerbeen lodged, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 586 #
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 detailedsufficient to establish responsibility for examining an application for international protection.
Amendment 595 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 610 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. Member States could impose additional obligations in accordance with national law. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 621 #
Amendment 645 #
(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notificationsand replying to requests to take back, as well as for making and deciding on appeals, should be streamlined and shortened.
Amendment 654 #
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 deadlinesin accordance with national law. 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.
Amendment 664 #
Proposal for a regulation
Recital 62
Recital 62
Amendment 671 #
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as a solidarityreceive a number of beneficiaries of international protection in the framework of the distribution measure, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocadistribution of unaccompanied minors a higher incentive contribution should be provided.
Amendment 705 #
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 notificationrequests; 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 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 707 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 726 #
(78) Since the objectives of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection, which has exceptionally been lodged in one of the Member States by a third-country national or a stateless persrather than outside the territory of the European Union, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory prescooperation measure,s cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 733 #
Proposal for a regulation
Recital 84 a (new)
Recital 84 a (new)
(84a) The Commission, in cooperation with Member States, should create the diplomatic and political conditions for the establishment of a system where applications for international protection are examined in third country processing centres run by the European Union in close cooperation with the hosting third country.
Amendment 734 #
Proposal for a regulation
Recital 84 b (new)
Recital 84 b (new)
(84b) The European Union and its Member States should create the political conditions for the launch of migratory containment operations, including EU’s naval missions in the Mediterranean, aimed at preventing and deterring illegal departures of migrants from their third countries of origin or transit and at disrupting human smuggling and human trafficking, in coordination with relevant third countries.
Amendment 743 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a mechanism for solidaritycooperation measures to efficiently distribute among Member States beneficiaries of international protection whose eligibility has been established in third country processing centres, as well as to return illegally staying third-country nationals;
Amendment 750 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection. made in a Member State by a person who has illegally arrived in the territory of the European Union
Amendment 761 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) “ third country processing centres” means centres located outside the Union, run by the European Union in close cooperation with the hosting third country with the purpose of distinguishing between illegal migrants, who will be returned, and those genuinely in need of international protection for whom distribution would apply;
Amendment 773 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation]in a third country processing centre or on the territory of the Member States after having illegally arrived to the European Union and following criteria for determining the Member State responsible;
Amendment 849 #
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
Amendment 858 #
Proposal for a regulation
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘contributing Member State’ means a Member State that contributes or is obliged to contribute to the solidarity measures to a benefitting Member Statto the distribution measure set out in Chapters I-II I of Part IV of this Regulation;
Amendment 867 #
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘reloca’distribution’ means the transfer of a third-country national or a stateless person, from the territory of a benefitting Member Stateprocessing centres located in partner third countries, where they have been granted the right to international protection, to the territory of a contributing Member State;
Amendment 873 #
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
Amendment 876 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
Amendment 923 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in needbeneficiaries of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;
Amendment 936 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregular migrationcombat and prevention of illegal migration based on migratory containment operations, including EU’s naval missions in the Mediterranean aimed at preventing and deterring illegal departures of migrants from third countries;
Amendment 947 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective managementprotection of the Union’s external borders, based on the European integrated border management;
Amendment 960 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) access to procedures for granting and withdrawing international protection on Union territory and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;
Amendment 964 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarityy a person who has illegally arrived to the territory of the European Union based on predictable rules and criteria;
Amendment 975 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicantsbeneficiaries of international protection to adequate reception conditions;
Amendment 1019 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Principle of solidarity and fair sharing of responsibilityincere cooperation
Amendment 1049 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to preducevent and prevent irregulardeter illegal 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 1060 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection to a person who has illegally arrived to the territory of the European Union and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III;
Amendment 1091 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a long-term European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level and on the implementation ofon the implementation of asylum and migration management policies and setting out the approach to managing asylum and migration management policiesat Union level in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1123 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriatennual situational reports setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States.
Amendment 1145 #
Proposal for a regulation
Article 7 – title
Article 7 – title
7 Cooperation with third countries to facilitate returon migration mand readmissionagement
Amendment 1150 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where tThe Commission, on and 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 Member States shall promote mutually beneficial partnerships and close cooperation withe readmission of illegally stayinglevant 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. _________________ 57Regulation (EC) No 810/2009 of the European Parliaies on migration management. In addition, the Commission and Member States shall ensure the integration of migration management in all relevant Union policies, including the full application of the visa policy, as well as conditionality of development anid of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1to promote readmission cooperation.
Amendment 1158 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where tThe Commission considers it appropriate, it shall also identify i, the Council and the Member States shall, within their respective competences, take actions that promote joint objectives and cooperation wits report measures designed to promote cooperation among the Member Stateh third countries to address causes and drivers of illegal migration and forced displacement, and to establish a system that provides access to international protection procedures from third country processing centres as well as to facilitate the return of illegal staying third- country nationals.
Amendment 1163 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 1189 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed Chapter II, in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it.
Amendment 1229 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entrywhere he or she is present at the moment of the application.
Amendment 1240 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Without prejudice to Article 19(4), where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired, the application shall be made and registered in the Member State where he or she is present.
Amendment 1251 #
Proposal for a regulation
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
Amendment 1320 #
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved;
Amendment 1331 #
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1470 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1515 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s is present after having lodged applications for international protection was first registeredin more than one Member State, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1533 #
Proposal for a regulation
Article 16 – title
Article 16 – title
16 Family members who are beneficiaries of international protectionlegally reside in a Member State
Amendment 1538 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the applicant has a family member who has been allowed to reside as a beneficiary of international protectionis legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1570 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 1575 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 1579 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1658 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Where a Member State issues a residence document to the applicant, decides to apply Article 25, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 35, that Member State shall become the Member State responsible and the obligations laid down in Article 26 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of or take back the applicant or has received a take back notification, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003 .
Amendment 1663 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The obligation laid down in Article 26(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it can be established, on the basis of the update of the data set referred to in Article 11(2)(c) of Regulation (EU) XXX/XXX [Eurodac Regulation], that the person concerned has left the territory of the Member States, on either a compulsory or a voluntary basis, whether or not in compliance with a return decision or removal order issued following the withdrawal or rejection of the application.
Amendment 1666 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
An application registered after an effective removal has taken placethe person concerned has left the territory of the Member States shall be regarded as a new application for the purpose of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible.
Amendment 1670 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation] or, where applicable, the Member State of relocation shall start the process of determining the Member State responsible without delay.
Amendment 1675 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Member State where an application is first registered or, where applicable, the Member State of relocationWithout prejudice to the cessation of responsibility provided in Article 27(2), the Member State where an application is first registered shall continue the process of determining the Member State responsible if the applicant leaves the territory of that Member State without authorisation or is otherwise not available to the competent authorities of that Member State.
Amendment 1687 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1693 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within twohree months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1701 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1715 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within onetwo months of receipt of the request.
Amendment 1722 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Notwithstanding the first paragraph, in the case of a Eurodac hit with data recorded pursuant to Article 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EC) No 767/2008, the requested Member State shall give a decision on the request within two weeksone month of receipt of the request.
Amendment 1730 #
Proposal for a regulation
Article 30 – paragraph 8
Article 30 – paragraph 8
8. Where the requested Member State does not object to the request within the onetwo-month period set out in paragraph 1 by a reply which gives full and detailed reasons, or where applicable within the one-month or two-week period set out respectively in paragraphs 2 and 7, this shall be tantamount to accepting the request, and entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1735 #
Proposal for a regulation
Part III – Chapter V – Section III – title
Part III – Chapter V – Section III – title
III Procedures for take back notificationrequests
Amendment 1740 #
Proposal for a regulation
Article 31 – title
Article 31 – title
31 Submitting a take back notificationrequest
Amendment 1747 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weekmonths after receiving the Eurodac hit.
Amendment 1752 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. A take back notificationrequest shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned, enabling the authorities of the requested Member State to check whether it is responsible on the basis of the criteria laid down in Chapter II of this Regulation.
Amendment 1759 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall confirm receipt of the notificatmake the necessary checks and shall give a decision ton the Member State which made the notification within one week,request to take back the person concerned no later than one month from the date on which the request was received unless the notifirequested Member State can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27.
Amendment 1780 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notificationrequest as regards persons referred to in Article 26(1), point (b), (c) and (d) shall take a transfer decision at the latest within onetwo weeks of the acceptance or notification.
Amendment 1789 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delay of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1852 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Amendment 1865 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances. Member States may also detain an applicant who represents a danger to national security or public order.
Amendment 1876 #
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out.
Amendment 1881 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeksone month from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notificationrequest shall not exceed onetwo weeks from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within onetwo weeks of receipt of the take charge request. Failure to reply within the onetwo -week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1893 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 3
Article 34 – paragraph 3 – subparagraph 3
Where the requesting or notifying Member State fails to comply with the time limits for submitting a take charge request or take back notificationrequest or to take a transfer decision within the time limit laid down in Article 32(1) or where the transfer does not take place within the period of foureight weeks referred to in the third subparagraph of this paragraph, the person shall no longer be detained. Articles 29, 31 and 35 shall continue to apply accordingly.
Amendment 1905 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notificationtake back request by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 1912 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Amendment 1917 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 3
Article 35 – paragraph 1 – subparagraph 3
If necessary, the applicant shall be supplied by the requesting or notifying Member State with a laissez passer. The Commission shall, by means of implementing acts, establish the design of the laissez passer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1919 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 4
Article 35 – paragraph 1 – subparagraph 4
The Member State responsible shall inform the requesting or notifying Member State, as appropriate, of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.
Amendment 1925 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
Amendment 1930 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Notwithstanding the first subparagraph, where the person concerned absconds and the requesting or notifying Member State informs the Member State responsible before the expiry of the time limits set out in paragraph 1, first subparagraph, that the person concerned has absconded, the transferring Member State shall retain the right to carry out the transfer within the remaining time at a later stage, should the person become available to the authorities again, unless another Member State has carried out the procedures in accordance with this Regulation and transferred the person to the responsible Member State after the person absconded.
Amendment 1980 #
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
5. The requested Member State shall be obliged to reply within threfive weeks. Any delays in the reply shall be duly justified. Non-compliance with the threfive week time limit shall not relieve the requested Member State of the obligation to reply. If the research carried out by the requested Member State which did not respect the maximum time limit withholds information which shows that it is responsible, that Member State may not invoke the expiry of the time limits provided for in Article 29 as a reason for refusing to comply with a request to take charge. In that case, the time limits provided for in Article 29 for submitting a request to take charge shall be extended by a period of time equivalent to the delay in the reply by the requested Member State.
Amendment 1984 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, take back notificationrequests and, if applicable, complying with their obligations under Chapters I-III of Part IV.
Amendment 2001 #
Proposal for a regulation
Part IV – title
Part IV – title
IV SOLIDARITYCOOPERATION MEASURES
Amendment 2003 #
Proposal for a regulation
Part IV – Chapter I – title
Part IV – Chapter I – title
I SOLIDARITY MECHANISMSDISTRIBUTION
Amendment 2009 #
Proposal for a regulation
Article 45 – title
Article 45 – title
Amendment 2010 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following typMember States shall contribute to the distribution in their territories of those third-country national or a stateless persons who have been granted international protection in third country processing centres in accordance with the procedures established in partnership agreements with relevant third countries:
Amendment 2021 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
Amendment 2033 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2037 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 2044 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2066 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2073 #
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
Amendment 2075 #
Proposal for a regulation
Article 45 – paragraph 2 – point b
Article 45 – paragraph 2 – point b
Amendment 2082 #
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2102 #
Proposal for a regulation
Article 47
Article 47
Amendment 2139 #
Proposal for a regulation
Article 48
Article 48
Amendment 2180 #
Proposal for a regulation
Article 49
Article 49
Amendment 2202 #
Proposal for a regulation
Article 50
Article 50
Amendment 2273 #
Proposal for a regulation
Article 51
Article 51
Amendment 2304 #
Proposal for a regulation
Article 52
Article 52
Amendment 2349 #
Proposal for a regulation
Article 53
Article 53
Amendment 2379 #
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Article 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and shall be based on the following criteria for each Member State, according to the latest available Eurostat datto be provided by the contributing Member State, shall be calculated taking into account the following criteria:
Amendment 2399 #
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) the unemployment rate
Amendment 2407 #
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 the necessary measures to carry out the return of those third-country nationals from the territory of the benefitting Member State.
Amendment 2410 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where a Member State commits to provide return sponsorship and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2)The Member State providing return sponsorship shall transfer the persons concerned onto its own territory.
Amendment 2412 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
Amendment 2415 #
Proposal for a regulation
Article 55 – paragraph 4 – introductory part
Article 55 – paragraph 4 – introductory part
4. The measures referred to in paragraph 1 shall include one or more of the following activities carried out by the sponsoring Member State:
Amendment 2416 #
Proposal for a regulation
Article 55 – paragraph 4 – point a
Article 55 – paragraph 4 – point a
Amendment 2420 #
Proposal for a regulation
Article 55 – paragraph 4 – point e
Article 55 – paragraph 4 – point e
(e) organising on behalf of the benefitting Member State the practical arrangements for the enforcement of return, such as charter or scheduled flights or other means of transport to the third country of return.
Amendment 2428 #
Proposal for a regulation
Article 56
Article 56
Amendment 2443 #
Proposal for a regulation
Article 57
Article 57
Amendment 2507 #
Proposal for a regulation
Article 58
Article 58
Amendment 2532 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
Amendment 2538 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Upon request, the Commission shall coordinate the operational aspects of the measures offeragreed by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency.
Amendment 2543 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Funding support following relocadistribution pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund].