Activities of Fabienne KELLER related to 2016/0224(COD)
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 (193)
Amendment 1 #
Proposal for a regulation
Recital 17
Recital 17
(17) Applicants who are identified as being in need of specialfic procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure, an applicant in need of specialfic procedural guarantees should be exempted from those procedures. The need for special procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect, with a view to making the remedy effective in his or her particular circumstancresponsible authorities should provide for alternatives to detention in border procedures, in particular for unaccompanied minors and applicants with specific vulnerabilities.
Amendment 1 #
Proposal for a regulation
Recital 14
Recital 14
(14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision-making. For that purpose, access to legal assistance and representation should be an integral part of the common procedure for international protection at all stages of the procedure. In order to ensure the effective protection of the applicant's rights, particularly the right of defence and the principle of fairness, and to ensure the economy of the procedure, applicants should, upon their request and subject to conditions set out in this Regulation, be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure. The free legal assistance and representation should be provide, including the accelerated procedure and the border procedure, as well during personal interviews, and in the appeal procedure. Applicants should have the right to an effective remedy before a court or tribunal against a decision not to grant free legal assistance and Member States should ensure that legal assistance and representation is not arbitrarily restricted and that the applicant's effective access to justice is not hindered. The free legal assistance and representation should be provided as soon as an application for international protection has been registered and by persons competent to provide them under national law.
Amendment 2 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In order to provide Member States located at the external border of the Union with solidarity and to guarantee a level playing field in the Union, facilities used for the purpose of the border procedure should be entirely funded under Regulation (EU) 2021/1147 of the European Parliament and of the Council1a. That should include the construction, running and renovation of current and future facilities, in the conditions provided in Directive XXX/XXX/EU [Reception Conditions Directive recast]. ________________ 1aRegulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251, 15.7.2021, p. 1).
Amendment 2 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) In applying this Regulation, Member States should respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons of 28 September 1954.
Amendment 3 #
Proposal for a regulation
Recital 31a
Recital 31a
(31a) In order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. A return decision should immediately be issued to applicants whose applications are rejected. Where more than one authority is involved in the issuance of negative decisions on applications for international protection and of return decisions, those authorities should coordinate with one another in order to ensure that negative decisions and return decisions are issued at the same time. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for international protection or, if it is a separate act, be issued at the same time and together with the negative decision.
Amendment 3 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons in fact and in law, information on the consequences of the decision and the modalities for challenging it. Without prejudice to the applicant’s right to remain in the Member State responsible pending the examination of the application and to the principle of non-refoulement, such a decision may include, or may be issued together with, a return decision issued in accordance with Directive XXX/XXX/EU [Return Directive Recast].
Amendment 4 #
Proposal for a regulation
Recital 39a
Recital 39a
(39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country. WhereA 20% threshold should apply in all circumstances, including in times of crisis or force majeure. By way of exception, the examination procedure should not be accelerated when the Commission determines by means of an implementing act that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into accounton the basis of the guidance note pursuant to Article 101 of Regulation XX/XX on the European Asylum Agency, or where the. An applicant who belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be acceleratedshould also be exempt from the accelerated examination procedure, including after it has begun, where the competent authorities find that the grounds for such a procedure do not apply. Competent authorities should conduct appropriate vulnerability checks throughout the border procedure. Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure.
Amendment 4 #
Proposal for a regulation
Recital 31 a
Recital 31 a
(31a) In order to increase the efficiency of the accelerated and the border procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be noMember States should strive to reduce procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. A return decision should immediately be issued to applicants whose applications are rejected. Without prejudice to the right to an effective remedy, the returnWithout prejudice to the right to an effective remedy, where the return decision is issued in a separate act to a decision rejecting the application for international protection, the former decision should be issued without undue delay thereafter, in order to fulfil the time-limits provided for in this Regulation. The competent authorities shall take the necessary measures to ensure that applicants are available to receive the decisions. That should either be part of the negative decision on an application for intin no way restrict Member States’ discretion to apply Article 6(5) of Regulation (EU) 2016/399 of the European Parliament and of the Council1a or their discretion to issue residence permits or other authorisations under national protection or, if it is a separate act, be issued at the same time and together with the negative decisionlaw granting a right to stay on their territory, including for compassionate or humanitarian grounds. _____________________ 1a Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 5 #
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the external border or in a transit zone of a Member State, often by persons apprehended in connection with unauthorised crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals. After the screening, tThird- country nationals and stateless persons should, where applicable after screening, be channelled to the appropriate asylum or return procedure, or refused entry. A pre- entry phase consisting of screening and border procedures for asylum and return should therefore be established.
Amendment 5 #
(39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who domight not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should be able to accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is on a yearly Union-wide average lower than 20% of the total number of decisions for that third country. WMember States should be able to accelerate the examination of applications of applicants who are unaccompanied minors and who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is on a yearly Union-wide average lower than 10 % of the total number of decisions for that third country. The examination procedure should not be accelerated where a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into account the guidance note pursuant to Article 101 of Regulation XX/XX(EU) 2021/2303 on the European Asylum Agency, or where the. An applicant who belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be accelerashould also be exempted from the accelerated examination procedure, including where such a procedure has already started. Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissibleility procedure.
Amendment 6 #
Proposal for a regulation
Recital 40a
Recital 40a
(40a) 'The purpose of the border procedure for asylum and return should be to quickly assess at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the locations, designated at their discretion, for the completion of the border procedure, such as at the external border or in a transit zone in order to assess the admissibility of applications. In well- defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for the return of the third- country nationals and stateless persons concerned at the external bordersin a border procedure.
Amendment 6 #
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the external border or in a transit zone of a Member State, oftenincluding by persons apprehended in connection with unauthorisedirregular crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals. After the screening, at the latest, third-country nationals and stateless persons should be channelled to the appropriate asylum or return procedure, or refusgranted entry. A pre- entry phase consisting of screening and border procedures for asylum and return should therefore be established in accordance with Article 6(5) of Regulation (EU) 2016/399..
Amendment 7 #
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, unless more recent data from the European Asylum Agency indicate a significant change. In other cases, such as when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States.
Amendment 7 #
(40a) The purpose of the border procedure for asylum and return should be to quickly assess at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the external border or in a transit zone in order to assess the admissibility of applicationswhether applications made during or at the end of the screening procedure are inadmissible or unfounded, not only after the determination of the Member State responsible for an application for international protection in accordance with Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management] but also during the border procedure. If unfounded or inadmissible, Member States should be able to use a border procedure to allow for a swift return of those with no right to stay and who have been issued a return decision in compliance with the principle of non- refoulement. Member States should therefore be able to require applicants for international protection to stay at locations, designated at their discretion, for the completion of the procedure, including at or in proximity to the external border or in a transit zone in order to assess the admissibility of applications, provided that they are in compliance with Directive XXX/XXX/EU [Reception Conditions Directive]. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for the return of the third- country nationals and stateless persons concerned at the external bordersin a border procedure.
Amendment 8 #
Proposal for a regulation
Recital 40b a (new)
Recital 40b a (new)
(40ba) Prior to the examination of the merits of an application for international protection, the Member State in which the application has been registered should determine the Member State responsible under Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management]. To comply with the deadlines set for the border procedure during that determination process, the time limits for sending a take charge request to the Member State responsible, and for its reply, should be shortened in comparison to the general rules set out in Regulation (EU) No XXX/XXX Regulation on Asylum and Migration Management].
Amendment 8 #
(40b) Member State should assessWhere an 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, the use of the border procedure should be optional for the Member Statess to be subject to an accelerated procedure, a Member State should be able to assess applications in a border procedure, except where an exemption applies. Member States should consider prioritising the border procedure where the applicant could be considered, for serious reasons, a threat to internal security.
Amendment 9 #
Proposal for a regulation
Recital 40b b (new)
Recital 40b b (new)
(40bb) While applicants whose applications are assessed in a border procedure might not be entitled to legally enter the territory of the Member State concerned, those applicants should always be granted the right to remain on the territory of a Member State during the examination of their applications for international protection in the border procedure.
Amendment 9 #
Proposal for a regulation
Recital 40 b a (new)
Recital 40 b a (new)
(40ba) Member States should not apply a border procedure in particular in situations where the applicant is an unaccompanied minor or a minor below the age of 12, is a vulnerable person or has special procedural or reception needs and the necessary support cannot be provided, where there are medical reasons for not applying the border procedure or where conditions of detention are not met as provided for in the Directive XXX/XXX/EU [Reception Conditions Directive] and should cease to apply a border procedure when the grounds or conditions for applying it cease to exist. Age assessment procedures should apply the least intrusive methods and processes. It is important that Member States take into account the European Union Agency for Asylum’s practical guide on age assessment. Age assessment procedures should not include a medical assessment. Where the result of an age assessment is not conclusive or includes an age-range below the age of 12, Member States should assume that the minor is below the age of 12. Competent authorities should conduct appropriate and regular vulnerability checks throughout the border procedure.
Amendment 10 #
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 externAsylum staff, legal representatives, non-governmental border than that where the asylum application is made by transferring applicants to a specific locaganisations, Union and international institution ats, or in the proximity of the external border of that Member States where appropriatsocio-medical staff should always be allowed to access border procedure 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, but should ensure that the requirements for border procedures continue to apply. Such facilities may be situated at border crlossing 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 bordere to the external border or transit zones, provided that they guarantee appropriate reception conditions, access for staff and essential services. Member States should notify the Commission of the specific locations where the border procedures will be carried out. In cases wWhere 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, the capacity of staff is insufficient or the reception conditions are not met, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 10 #
Proposal for a regulation
Recital 40 b b (new)
Recital 40 b b (new)
(40bb) When determining whether there is a direct connection to an irregular border crossing for the purpose of applying a border procedure, it is important that Member States take into account the guidance found in the Return Handbook set out in Commission Recommendation (EU) 2017/2338. _______________________ 1a Commission Recommendation (EU) 2017/2338 of 16 November 2017 establishing a common ‘Return Handbook’ to be used by Member States' competent authorities when carrying out return-related tasks (OJ L 339, 19.12.2017, p. 83).
Amendment 11 #
Proposal for a regulation
Recital 40c a (new)
Recital 40c a (new)
(40ca) The effective return of irregular migrants within the 12 weeks time-limit is an important component of a well functioning border procedure. To that end, Member States should improve and strengthen the cooperation with third- countries as regards return, readmission and reintegration, and should rely on the mechanism under Article 7 of the Asylum and Migration Management Regulation [Regulation XXX/XXX/EU], with a view to including all relevant Union policies and tools and to improving the coordination of the different actions in various policy areas other than migration policy that the Union and the Member States can take for that purpose .
Amendment 11 #
Proposal for a regulation
Recital 40 c
Recital 40 c
(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 transferrcompliance with Directive XXX/XXX/EU [Reception Conditions Directive] as regards accommodation for applicants, including applicants to awith 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 suchal needs or vulnerabilities, and that applicants remain available to the authorities. Minors and facmilities 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 locatconsidered in need of special procedural and reception guarantees and be placed in adequate accommodation. Asylum personnel, legal representatives, non-governmental organisations, Unions 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 locand international institutions, 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 possiblnd socio-medical personnel should always be allowed to access facilities used for the border procedure.
Amendment 12 #
Proposal for a regulation
Recital 40d
Recital 40d
(40d) In case wWhere 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 fromsubject nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, to the border procedure for carrying out return, since it would be unlikely in that case that the persons concerned could be swiftly returned following the rejection of their applications, would be unlikely in that case during the border procedure for the examination of applications for international protection.. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009. Where the border procedure for carrying out return is exceptionally not applied in those circumstances, the return procedure established by the Return Directive should apply and the third- country national concerned should be authorised to enter the territory of the Member State concerned.
Amendment 12 #
Proposal for a regulation
Recital 40 c a (new)
Recital 40 c a (new)
(40ca) Member States should retain discretion in deciding at which specific locations facilities for the border procedure should be set up. Member States should be able to situate such facilities at or in proximity of the external border or transit zones, provided that they guarantee appropriate reception conditions, access for personnel and essential services. Member States should notify the Commission of the specific locations where the border procedures will be carried out. Where the border procedure is applied and the capacity of the locations as notified by a Member State is temporarily exceeded, the capacity of personnel is insufficient or the reception conditions are not met, the Member State should be able, for the shortest time possible, to process applications at another location within its territory.
Amendment 13 #
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 12 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 12 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 12 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. To complete the border procedure within the set deadlines, the competent authorities and all actors involved in the border procedure should seek to enhance the engagement and cooperation of third-country nationals at all stages of the procedure.
Amendment 13 #
(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 itMember States should not apply the border procedure 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 is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.
Amendment 14 #
Proposal for a regulation
Recital 40f
Recital 40f
(40f) While the border procedure for the examination of an application for international protection can be applied without recourse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX, in order to decide oncluding the right of the applicant to enter the territory. If detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and the fact that an individual assessment of each case is necessary, judicial control and conditions of detention and reception conditions and guarantees for detained applicants. A decision to detain an applicant during a border procedure should never be automatic. Such decisions should always be based on an individual assessment of each case that shows that detention is necessary and proportionate and that it is not possible to effectively apply less coercive measures. Such decisions should be subject to judicial oversight.
Amendment 14 #
Proposal for a regulation
Recital 40 e
Recital 40 e
(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 12 weeks. This deadline should be understood as a stand-alone deadline for the determination of the Member State responsible for an application for international protection in accordance with Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management] and 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, and without prejudice to the independence of the judiciary, 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 thatable the examination procedure isto be concluded and that subsequently, if relevant, thea decision on the first level of appeal isto be issued within this maximum 12 weeks. 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. E and be channelled to the appropriate procedure. In the case of a decision rejecting the request for international protection in the border procedure, 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 12 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. As soon as a border procedure is terminated and where the applicant is authorised to enter the territory, Member States should never apply a border procedure to that applicant again.
Amendment 15 #
Proposal for a regulation
Recital 40f a (new)
Recital 40f a (new)
(40fa) With a view to avoiding the deprivation of liberty where less stringent measures might be applicable, Member States should be able to restrict applicants’ freedom of movement as provided in the [Reception Conditions] Directive (EU) XXX/XXX, or should have recourse to other alternatives to detention. Such alternatives should be available both in law and fact at national level and may be provided, in particular, for applicants with special reception needs, in particular for minors, families or other vulnerable persons. The Commission should identify best practice, and should support Member States in the implementation of alternatives to detention in the context of the border procedure. The Commission should consult stakeholders with expertise in that field, such as Union bodies, offices and agencies, the European Migration Network, the Steering Committe for Human Rights of the Council of Europe, the United Nations High Commissioner for Refugees, the International Organisation for Migration or non- government organisations.
Amendment 15 #
(40f) While the border procedure for the examination of an application for international protection can be applied without recourse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX in order to decide on the right. Administrative detention during the examination of thean applicant to enter the territtion for international protection should remain a measure of last resoryt. IfA detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and the fact that an individual assessment of each case is necessary, judicial control and conditions of detentioncision to detain an applicant during a border procedure should always be based on an individual assessment of each case and determined to be necessary, reasonnable and proportionate to a legitimate purpose and that it is not possible to effectively apply less coercive measures. Such decisions should be subject to judicial oversight. The necessity to maintain an applicant in detention should be reviewed regularly.
Amendment 16 #
Proposal for a regulation
Recital 40h
Recital 40h
(40h) When applying the border procedure for carrying out return, certain provisions of the [recast Return Directive] should apply as these regulate elements of the return procedure that are not determined by this Regulation, notably those on definitions, more favourable provisions, non-refoulement, best interests of the child, family life and state of health, risk of absconding, obligation to cooperate, period for voluntary departure, return decision, removal, postponement of removal, return and removal of unaccompanied minors, entry bans, safeguards pending return, detention, conditions of detention, detention of minors and families and emergency situations. To reduce the risk of unauthorised entry and movement of illegally staying third-country nationals subject to the border procedure for carrying out return, a period for voluntary departure not exceeding 15 days may be granted to illegally staying third-country nationals, without prejudice for the possibility to voluntarily comply with the obligation to return at any moment.
Amendment 16 #
Proposal for a regulation
Recital 40 f a (new)
Recital 40 f a (new)
(40fa) With a view to avoiding detention where less stringent measures might be applicable, Member States should apply restrcitions on freedom of movement or alternatives to detention as provided in the [Reception Conditions Directive] (EU) XXX/XXX. Such alternatives should be available both in law and fact at national level. Member States should prioritise non-custodial community-based placements for minors and their families and for applicants with vulnerabilities or special procedural or reception needs.
Amendment 17 #
Proposal for a regulation
Recital 40h a (new)
Recital 40h a (new)
(40ha) Where the conditions under Union law are met, the recourse to voluntary return should be supported in the border procedure to encourage the use of an approach centered around cooperation between third-country nationals and competent authorities. Third country nationals should be duly informed as to the conditions and benefits of voluntary return as early as possible, including at the beginning of the pre-entry phase. To reduce the risk of unauthorised entry and movement of illegally staying third- country nationals subject to the border procedure for carrying out return, a period for voluntary departure not exceeding 20 days may be granted to illegally staying third-country nationals, without prejudice to the possibility to voluntarily comply with the obligation to return at any moment. On the basis of the communication of the Commission of 27 April 2021 entiled ‘EU strategy on voluntary return and reintegration’, Member States should develop programmes for voluntary return and reintegration in the border procedure. Those programmes place a strong emphasis on cooperation with countries of orign with a view to developing sustainable reintegration policies and programmes for third-countries nationals which take into account the economic and social impacts on home communities, and ensure the involvement and cooperation of all stakeholders.
Amendment 17 #
Proposal for a regulation
Recital 40 g
Recital 40 g
(40g) When an application is rejected in the context of the border procedure, the applicant, third-country national or stateless person concerned should be immediately subject to a return decision or, where the conditions ofMember State in question should be able to issue the applicant a return decision provided that it respects Article 145 of Regulation (EU) No 2016/399 of the European Parliament and of the Council are met, to a refusal of entry. To guarantee the equal treatment of all third-country nationals whose application has been rejected in the context of the border procedure, where a Member State has decided not to apply the provisions of Directive XXX/XXX/EU [Return Directive] by virtueDirective XXX/XXX/EU [Return Directive Recast] and due consideration has been given in the individual case to the application of Article 28(2), point (a), to (5) of that Directive and does not issue a return decision to the third-country national concerned, the treatment and level of protection of the applicant, third- country national or stateless person concerned should be in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and be equivalent to those applicable to persons subject to a return decis. Where the conditions of Article 14 of Regulation (EU) No 2016/399 of the European Parliament and of the Council are met, the Member State should also be able to issue a refusal of entry without prejudice to Article 6(5) of that Regulation.
Amendment 18 #
Proposal for a regulation
Recital 40h b (new)
Recital 40h b (new)
(40hb) With a view to ensuring that a fair and efficient border procedure for carrying out return is implemented at all times, Member Sates should be able to request the support of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should provide, within its mandate, quick and qualitative assistance to complete a wide range of tasks at all stages of the border procedure. For example, the European Border and Coast Guard should be able to complement the resources of the competent authorities by providing returns experts, supporting the coordination of forced and voluntary returns, organising joint return operations, facilitating the exchange of information between Member States on returnees, supporting the identification of third-country nationals and the acquisition of travel documents and monitoring return operations at all stages.
Amendment 18 #
(40h) When applying the border procedure for carrying out return, certainthe provisions of the [recast Return Directive] should apply as these regulate elements of the return procedure that are not determined by this Regulation, notably those on definitions, more favourable provisions, non-refoulement, best interests of the child, family life and state of health, risk of absconding, obligation to cooperate, period for voluntary departure, return decision, removal, postponement of removal, return and removal of unaccompanied minors, entry bans, safeguards pending return, detention, conditions of detention, detention of minors and families and emergency situations. To reduce the risk of unauthorised entry and movement of illegally staying third-country nationals subject to the border procedure for carrying out return, aA period for voluntary departure not exceeding 1of 25 days mayshould be granted to illegally stayingthe third- country nationals concerned, without prejudice for the possibility to voluntarily comply with the obligation to return at any moment.
Amendment 19 #
Proposal for a regulation
Recital 40k (new)
Recital 40k (new)
(40k) The border procedure should be carried out in full compliance with the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Union law. The proper functioning of the border procedure inherently depends on the availability of adequate and qualified staff at all stages of the procedure. In order to ensure that border procedures are fair and efficient and that reception conditions are appropriate, the competent authorities should, in all circumstances, allocate qualified and well-trained staff according to needs at the relevant locations. Member States should seek, where necessary, support from Union bodies, offices and agencies, international organisations and non-governmental organisations. The Commission should also assist the competent authorities in planning the allocation of qualified staff, with a view to ensuring a level playing field in all Member States.
Amendment 19 #
Proposal for a regulation
Recital 40 h a (new)
Recital 40 h a (new)
(40ha) The border procedure should be carried out in full compliance with the Charter of Fundamental Rights of the European Union and Union law. The proper functioning of the border procedure inherently depends on the availability of adequate and qualified personnel at all stages of the procedure. In order to ensure that border procedures respect all individual procedural rights and are in compliance with reception conditions, the Member States should allocate qualified and well-trained personnel at the relevant locations. Member States should be able to seek, where necessary, support from Union agencies, international organisations and non-governmental organisations. The European Union Agency for Asylum can also assist the competent authorities in planning the allocation of qualified personnel.
Amendment 20 #
Proposal for a regulation
Recital 40l (new)
Recital 40l (new)
(40l) Given the variety of authorities and stakeholders involved in the border procedure, it is essential that Member States cooperate in a continuous and efficient manner with one another, for example by issuing negative asylum decisions and return decisions together and at the same time. In the implementation of the border procedure, competent authorities should therefore set up a clear and strong cooperation structure in the border procedure, including in terms of sharing competences and responsibilities or the exchange of information. Union bodies, offices and agencies should analyse and share best practice in order to assist Member States with that objective.
Amendment 20 #
Proposal for a regulation
Recital 40 h b (new)
Recital 40 h b (new)
(40hb) Within their respective mandates, Union agencies should be able to provide support to the Member States and the Commission, at their request, with a view to ensuring the proper implementation and functioning of this Regulation, including the provisions of this Regulation related to the accelerated and border procedures. Union agencies can propose specific support to a Member State. Where a Union agency proposes specific support to a Member State, that Member State should take due account of its proposal. Where that Member State refuses the request, it should explain its reasons therefor in a timely manner.
Amendment 21 #
Proposal for a regulation
Recital 40m (new)
Recital 40m (new)
(40m) Union bodies, offices and agencies should strongly support Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation, in particular its provisions related to the accelerated examination procedure, the border procedure for the examination of applications for international protection and the border procedure for carrying out return. In particular, the European Union Agency for Asylum, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights should play a central role in the application of this Regulation, and should, to that end, exploit the entire potential and scope of their competence. Such activities could include providing analysis and expertise, supplying operational support to competent authorities or conducting monitoring and evaluation missions.
Amendment 21 #
Proposal for a regulation
Recital 40 i
Recital 40 i
(40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of their or his application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive Recast]. An applicant, third-country national or stateless person whose application was not successful, who was not detained during the border procedure for the examination of an application for international protection, and who no longer has a right to remain and has not been allowed to remain, could also be detained if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security, and provided that less coercive measures cannot be applied effectively. Detention should be for as short a period as possible and, should not exceed the maximum duration of the border procedure for carrying out return and should not exceed the maximum period of detention set by Article 15 of Directive XXX/XXX/EU [Return Directive Recast]. When the illegalrregularly staying third-country national does not return or is not removed within that period and the border procedure for carrying out return ceases to apply, the provisions of the [recast Return Directive] should apply. The maximum period of detention set by Article 15 of that Directive should include the period of detention applied during the border procedure for carrying our return Recast] should continue to apply.
Amendment 22 #
Proposal for a regulation
Recital 40n (new)
Recital 40n (new)
(40n) Given the variation of migration flows arriving at the various entry points at the external borders of the Union, Union bodies, offices and agencies shoud be able to provide rapid and tailored support to competent authorities at the request of a Member State.
Amendment 22 #
Proposal for a regulation
Recital 40 j
Recital 40 j
(40j) It should be possible for a Member State to which an applicant is relocated or transferred in accordance with Regulation (EU) No XXX/XXX [Asylum and Migration Management Regulation] to examine the application in a border procedure provided that the applicant has not yet been authorised to enter the territory of the Member States and the conditions for the application of such a procedure by the Member State from which and to which the applicant was relocated or transferred are met.
Amendment 23 #
Proposal for a regulation
Recital 40o (new)
Recital 40o (new)
(40o) Union bodies, offices and agencies should respond to a Member State’s request for rapid and tailered support or should be be able to propose support on their own initiative to a specific Member State where deemed necessary. Where a Union body, office or agency deems it necessary to propose support to a specific Member State, that Member State should take due account of that proposal and should be able to accept, amend or reject it.
Amendment 23 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) It is essential that Member States lay down rules on time-limits for the submission and translation of documents in such a way as to guarantee that courts or tribunals can take them and information provided by the applicant into consideration, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 24 #
Proposal for a regulation
Recital 66c
Recital 66c
(66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and the accompanying return decision, and with a view to accelerating the examination of the case and reducing the burden on the competent judicial authorities, such decisions should beit should be possible to subject such decisions to common proceedings before the same court or tribunal, where this is possible under the national legal system concerned.
Amendment 24 #
(65) For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection and where a return decision has also been issued to the applicant, all effects of theat return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory of a Member State. To improve the effectiveness of procedures at the external border, while ensuring the respect of the right to an effective remedy, appeals against decisions taken in the context of the border procedure should take place only before a single level of jurisdiction of a court or tribunal.
Amendment 25 #
Proposal for a regulation
Recital 66e (new)
Recital 66e (new)
(66e) The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. In particular, the Commission should set up an independent monitoring mechanism to check and investigate any allegation of non-respect of fundamental rights in relation to the border procedure. That monitoring mechanism should cover procedural and fundamental rights, reception conditions and the application of detention and alternatives to detention.
Amendment 25 #
Proposal for a regulation
Recital 66
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is oOnly in the limited cases set out in this Regulation, where applications are likely to be unfounded,Member States should be able to provide in national law that the applicant shoulddoes not have an automatic right to remain for the purposes of the appeal.
Amendment 26 #
Proposal for a regulation
Article 35a – paragraph 1
Article 35a – paragraph 1
Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shall issue a return decision that respects Directive XXX/XXX/EU [Return Directive], in particular the best interests of the child, the family life and state of health of the third-country national concerned, and the principle of non-refoulement. The return decision shall be issued as part of the decision rejecting the application for international protection or, in a separate act. Where the return decision is issued as a separate act, it shall be issued at the same time and together with the decision rejecting the application for international protection.
Amendment 26 #
Proposal for a regulation
Recital 66 a
Recital 66 a
(66a) In cases where the applicant has no automatic right to remain for the purpose of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In such cases, applicants should have a right to remain until the time-limit for requesting a court or tribunal to be allowed to remain has expired and, where the applicant has presented such a request within the set time-limit, pending the decision of the competent court or tribunal. In order to discourage abusive or last minute subsequent applications, Member States should be able to provide in national law that applicants should have no right to remain during that period in the case of rejected subsequent applications, with a view to preventing further unfounded subsequent applications without prejudice to the principle of non-refoulement. In the context of the procedure for determining whether or not the applicant should be allowed to remain pending the appeal, the applicant’s rights, including the right of defence, should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance. Furthermore, the competent court or tribunal should be able to examine the decision refusing to grant international protection in terms of facts and points of law.
Amendment 27 #
Proposal for a regulation
Article 40 – paragraph 1 – point i
Article 40 – paragraph 1 – point i
(i) the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless: (i) on the basis of guidance notes developed by the European Union Agency for Asylum in accordance with Article 11 of Regulation (EU) No XXX/XXX (EU Asylum Agency), the Commission determines, by means of an implementing act, that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, or (ii) the relevant competent authority determines that the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs; . Without prejudice to point (i) of the first subparagraph, a 20 % threshold shall apply in all circumstances, including in a situation of crisis or force majeure as set out in Regulation XXX/XXX [Crisis and force majeur];
Amendment 27 #
Proposal for a regulation
Recital 66 b
Recital 66 b
(66b) In order to ensure effective returns, aApplicants should not have a right to remain on the Member State’s territory at the stage of a second or further level of appeal before a court or tribunal against a negative decision on the application for international protection, without prejudice to the possibility for a court or tribunal to allow the applicant to remain. Furthermore, Member States should not grant applicantsbe able to provide in national law that applicants do not have the possibility to lodge a further appeal against a first appeal decision in respect of a decision taken in a border procedure.
Amendment 28 #
Proposal for a regulation
Article 40 – paragraph 5 – point c
Article 40 – paragraph 5 – point c
(c) the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless (i) on the basis of guidance notes developed by the European Union Agency for Asylum in accordance with Article 11 of Regulation (EU) No XXX/XXX (EU Asylum Agency), the Commission determines, by means of an implementing act, that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data; or (ii) the relevant competent authority determines that the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs; . Without prejudice to point (c) of the first subparagraph, the 20% threshold shall apply in all circumstances, including in a situation of crisis or force majeure as set out in Regulation XXX/XXX [Crisis and force majeur];
Amendment 28 #
Proposal for a regulation
Recital 66 c
Recital 66 c
(66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and the accompanyingany related return decision, and with a view to accelerating the examination of the case and reducing the burden on the competent judicial authorities, such decisions should be subjectit should be possible to subject such decisions to common proceedings before the same court or tribunal in order to facilitate the fulfilment of time-limits provided for in this Regulation.
Amendment 29 #
Proposal for a regulation
Article 40 – paragraph 6 (new)
Article 40 – paragraph 6 (new)
6. Competent authorities, with the support of all actors involved in the border procedure, shall seek to enhance the cooperation of third-country nationals at all stages of the border procedure.
Amendment 29 #
Proposal for a regulation
Recital 66 d a (new)
Recital 66 d a (new)
(66da) The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. To that end, the Commission should be assisted by the European Union Agency for Asylum, in accordance with its prerogatives under Article 14 of Regulation (EU) 2021/2303. To ensure compliance with Union and international law, including the Charter of Fundamental Rights of the European Union, each Member State should also establish or designate a monitoring mechanism for the border procedure and put in place adequate safeguards for the independence of that mechanism, in accordance with the Paris Principles, the Venice Principles, the UN General Assembly Resolution of 28 December 2020 entitled ‘The role of Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law’, and the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, in particular by involving national human rights institutions, national ombudspersons, international organisations or relevant non- governmental organisations in the management and operation of the mechanism. The bodies responsible for the mechanism should establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor. The monitoring mechanism should cover, in particular, the respect for fundamental rights in relation to the asylum and return procedures and the respect for the applicable rules regarding detention and compliance with the principle of non- refoulement. The European Union Agency for Fundamental Rights (FRA) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanisms. Member States should furthermore be allowed to request the support of the FRA for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the FRA with regard to establishing the methodology for their monitoring mechanism and with regard to appropriate training measures. The independent monitoring mechanism should be in addition and without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors, as provided for in Regulation (EU) 2019/1896, the monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System (CEAS), as set out in Article 14 of Regulation (EU) 2021/2303, and the monitoring of fundamental rights carried out by existing national or international monitoring bodies. The Member States should investigate allegations of breaches of fundamental rights during the asylum and return procedures, including by ensuring that complaints are dealt with promptly and expeditiously and by ensuring that it is possible to identify and sanction those found responsible for such breaches in an appropriate manner.
Amendment 30 #
1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], where applicable, and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State may examine an application in a border procedure where that application has been made by a third- country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:
Amendment 30 #
(66db) The obligations on Member States to establish or designate an existing independent monitoring mechanism during asylum and return procedures, set out in this Regulation, and during border surveillance and the screening procedures, set out in Regulation (EU) xxx/xxx [Screening Regulation], should be fulfilled through the establishment or designation of one mechanism that covers all relevant phases and procedures specified in the relevant Regulations.
Amendment 31 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) following the apprehension in connection with an unauthorised crossing of the external borderof that third-country national or stateless person by the competent authorities in a Member State after he or she crossed the external border without authorisation;
Amendment 31 #
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
Amendment 32 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 32 #
Proposal for a regulation
Article 4 – paragraph 2 – point j a (new)
Article 4 – paragraph 2 – point j a (new)
(ja) ‘working day’ means any day of the year from Monday to Friday, except for public holidays;
Amendment 33 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The border procedure may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b). The best interests of the child and the safeguards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast], in particular Articles 11, 12, 13, 14, 20, 21, 22 and 23, shall be a primary consideration for the competent authorities in the application of this paragraph.
Amendment 33 #
(jb) ‘family members’ means family members as defined in Article 2, point (3), of Directive XXX/XXX/EU [Reception Conditions Directive].
Amendment 34 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 9 and 11. In accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast], a Member State shall not decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures.
Amendment 34 #
Proposal for a regulation
Article 35 a – paragraph 1
Article 35 a – paragraph 1
Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shall issue a return decision that respects Directive XXX/XXX/EU [Return Directive]. The return decision shall be issued as part, provided that the applicant does not fulfil the conditions to apply for a residence permit or other authorisation offering a right to stay on compassionate, humanitarian or other grounds under the applicable national legal framework and that her or his return would not lead to a risk of a breach of the principle of non-refoulement, of othe decision rejecting the application for international protection or, in a separate act. Wr fundamental rights under the Charter of Fundamental Rights of the European Union (the ‘Charter’) and of other Union and international obligations. In the case of an accelerated procedure or a border procedure, where the return decision is issued as a separate act, it shall be issued at the same time and together with the decision rejecting the application for international protection or without undue delay thereafter.
Amendment 35 #
Proposal for a regulation
Article 41 – paragraph 6 a (new)
Article 41 – paragraph 6 a (new)
6a. Member States shall take proportionate measures to ensure that applicants in the border procedure remain in the locations designated in accordance with Article 41(13) and (14).
Amendment 35 #
Proposal for a regulation
Article 40 – paragraph 1 – point i
Article 40 – paragraph 1 – point i
(i) the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of final decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs. Where the European Union Agency for Asylum has provided a guidance note on a country of origin in accordance with Article 11 of Regulation (EU) 2021/2303 showing that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, Member States shall use that guidance note as a reference for the application of this point;
Amendment 36 #
Proposal for a regulation
Article 41 – paragraph 6 b (new)
Article 41 – paragraph 6 b (new)
6b. In accordance with Article 8(2) of Directive XXX/XXX/EU [Reception Conditions Directive recast] and Directive XXX/XXX/EU [Return Directive recast], Member States may hold an applicant in detention as part of the border procedure provided that it proves necessary following an individual assessment of that applicant’s case and that other less coercive alternative measures cannot be applied effectively. The decision to hold an applicant in detention shall be made by a judge, and the detention period shall be proportionate and terminated as soon as the grounds for it no longer apply. In accordance with Article 7 of Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States may restrict applicants’ freedom of movement in order to process applications in the border procedure. Member States shall use the alternatives to detention laid down in their national law in accordance with Article 8(4) of Directive XXX/XXX/EU [Reception Conditions Directive recast] that are effectively available where the grounds for detention apply, in particular for specific groups such as minors or families.
Amendment 36 #
Proposal for a regulation
Article 40 – paragraph 5 – point c
Article 40 – paragraph 5 – point c
(c) the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 210% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 210% or lower cannot be considered as representative for their protection needs. Where the European Union Agency for Asylum has provided a guidance note on a country of origin in accordance with Article 11 of Regulation (EU) 2021/2303 showing that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, Member States shall use that guidance note as a reference for the application of this point;
Amendment 37 #
Proposal for a regulation
Article 41 – paragraph 6 c (new)
Article 41 – paragraph 6 c (new)
6c. By ... [six months after the date of entry into force of this Regulation], the Commission shall request the European Union Agency for Asylum, in accordance with Article 13(2) of Regulation (EU) No XXX/XXX (EU Asylum Agency), to develop guidelines on different practices as regards alternatives to detention that could be used in the context of a border procedure. The guidelines referred to in the first subparagraph shall specify the conditions for applying alternatives to detention, and shall aim to address the situation and needs of different categories of applicants, such as women, minors, unaccompanied minors or families. Those guidelines shall seek to enhance trust-building with applicants and ensure they engage and comply with the border procedure.
Amendment 37 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], where applicable and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State may examine an application in a border procedure where that application has been made by a third- country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:
Amendment 38 #
Proposal for a regulation
Article 41 – paragraph 6 d (new)
Article 41 – paragraph 6 d (new)
6d. By ... [18 months after the entry into force of this Regulation], the Commission shall evaluate the application of paragraph 6c.
Amendment 38 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) following the apprehension inof that third-country national or stateless person by the competent authorities in the territory of a Member State in direct connection with an unauthorisedirregular crossing of the external border;
Amendment 39 #
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. When applying the border procedure to an applicant for international protection, Member States mayshall carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], without prejudice to the deadlines established in paragraph 11.
Amendment 39 #
Proposal for a regulation
Article 41 – paragraph 1 – point d
Article 41 – paragraph 1 – point d
(d) following relocation in accordance with Article [X] of Regulation (EU) No XXX/XXX [Ex Dublin Regulation on Asylum and Migration Management].
Amendment 40 #
Proposal for a regulation
Article 41 – paragraph 7 a (new)
Article 41 – paragraph 7 a (new)
7a. By way of exception to Article 29(1) and (2) and Article 30(1), (2) and (7) of Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], where a Member State in which an application for international protection has been registered in the context of the pre-entry phase considers that another Member State is responsible for examining that application, it shall without delay and in any event within three weeks of the date on which the application was registered, request that other Member State to take charge of the applicant. The requested Member State shall carry out the necessary checks, and shall decide on the request to take charge of an applicant within one week of receipt of the request.
Amendment 40 #
Proposal for a regulation
Article 41 – paragraph 2 – point b
Article 41 – paragraph 2 – point b
(b) the merits of an application in an accelerated examination procedure in the cases referred to in Article 40(1) , including where the applicant could be considered, for serious reasons, a threat to internal security, and in full compliance with paragraph 11 of this Article.
Amendment 41 #
Proposal for a regulation
Article 41 – paragraph 9 –subparagraph 2
Article 41 – paragraph 9 –subparagraph 2
In such cases, the competent authority shall authorise the applicant to enter the territory of the Member State. Member States shall regularly monitor the application of the first subparagraph. Member States may request support from Union bodies, offices and agencies for that purpose. The Commission shall regularly assess the application of this paragraph, with the support of the European Union Agency for Asylum, and shall report the conclusions of its assessment to the European Parliament and to the Council on a yearly basis.
Amendment 41 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
Amendment 42 #
Proposal for a regulation
Article 41 – paragraph 10
Article 41 – paragraph 10
10. By way of derogation from Article 28 of this Regulation, applications subject to a border procedure shall be lodged no later than five working days from registration for the first time or, following a relocation in accordance with Article [x] of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], five working days from when the applicant arrives in the Member State responsible following a transfer pursuant to Article 56(1), point (e), of that Regulation provided that he or she is given an effective opportunity to do so within these time-limits.
Amendment 42 #
Proposal for a regulation
Article 41 – paragraph 3a – subparagraph 1 (new)
Article 41 – paragraph 3a – subparagraph 1 (new)
Amendment 43 #
Proposal for a regulation
Article 41 – paragraph 11
Article 41 – paragraph 11
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. Individual procedural rights as provided in this Regulation, such as access to information, legal assistance and representation and interpretation, shall be effectivelly guaranteed during the entire border procedure. Member States shall ensure that staff are allocated appropriately and that there is efficient coordination between the different actors and authorities in the border procedure, in accordance with Articles 41b and 41c. 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 12 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. . 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 12 weeks from when the application is registered.
Amendment 43 #
Proposal for a regulation
Article 41 – paragraph 3a – subparagraph 2 (new)
Article 41 – paragraph 3a – subparagraph 2 (new)
In the cases referred to in the first subparagraph, the competent authority shall authorise the applicant to enter the territory of the Member State and apply the appropriate asylum procedure.
Amendment 44 #
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 zonescompetent national authorities may require applicants to stay at locations, designated at their discretion, for completing the border procedure on the Member States’ territory, in full compliance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. A border procedure may take place at or in proximity to the external border or transit zones on the Member State’s territory, provided that the conditions under this paragraph are fully respected and applicants’ special needs are properly safeguarded. 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 month on the basis of a decision from competent national authorities, shall be notified to the Commission as early as possible and at least two weeks in advance of the changes taking effect.
Amendment 44 #
Proposal for a regulation
Article 41 – paragraph 3a – subparagraph 3 (new)
Article 41 – paragraph 3a – subparagraph 3 (new)
For the purpose of applying point (c) of the first subparagraph, Member States shall not carry out a medical examination. Where the result of an age assessment is not conclusive, or includes an age-range below the age of 12, Member States shall assume that the minor is below the age of 12.
Amendment 45 #
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where, on the capacity of thebasis of an assessment by the Commission or a competent nacional authority of the Member State concerned, it is found that the capacity of a location as notified by that Member States pursuant to paragraph 143 is temporarily insufficient to process the applicants covered by paragraph 3, that Member States may shall designate other locations within theits territory of the Member State and, upon notification to the Commission, shall accommodate applicants there, on a temporary basis and for the shortest , under the conditions provided for in Directive XXX/XXX/EU [Reception Conditions Directimve nrecessaryast].
Amendment 45 #
Proposal for a regulation
Article 41 – paragraph 3b – subparagraph 1 (new)
Article 41 – paragraph 3b – subparagraph 1 (new)
3b. Member States shall regularly monitor the application of paragraph 3a. Member States may request support from Union agencies for that purpose.
Amendment 46 #
Proposal for a regulation
Article 41a – paragraph 2
Article 41a – paragraph 2
2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 12 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 territorydesignated at the discretion of the Member States, and may be situated at or in proximity to the external border or transit zones in the territory of the Union. The locations referred to in this paragraph shall fully comply with the requirements under Directive XXX/XXX/EU [Reception Conditions Directive recast]. The 12-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 46 #
Proposal for a regulation
Article 41 – paragraph 3b – subparagraph 2 (new)
Article 41 – paragraph 3b – subparagraph 2 (new)
The Commission shall regularly assess the application of this paragraph, with the support of the European Union Agency for Asylum, and shall report the conclusions of its assessments to the European Parliament and to the Council on a yearly basis.
Amendment 47 #
Proposal for a regulation
Article 41a – paragraph 3
Article 41a – paragraph 3
3. For the purposes of this Article, Article 3, Article 4(1), Articles 5 to 7, Article 8(1) to (5), Article 9(2) to (4), Articles 10 to 13, Article 14(3), Article 15, Article 17(1), Article 18(2) to (4) and Articles 19 to 21 of Directive XXX/XXX/EU [recast Return Directive] shall apply for the purposes of this Article.
Amendment 47 #
4. A Member State may decideshall not to apply paragraph 31 to nationals or stateless persons who are habitual residents of third countries for which that Member State has submitted a notification to the Commission in accordance with Article 25a(3) of Regulation (EC) No 810/2009.
Amendment 48 #
Proposal for a regulation
Article 41a – paragraph 3 a (new)
Article 41a – paragraph 3 a (new)
3a. A Member State may decide not to apply the border procedure for carrying out return to nationals or stateless persons who are habitual residents of third countries for which that Member State has submitted a notification to the Commission in accordance with Article 25a(3) of Regulation (EC) No 810/2009. Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State shall again apply the border procedure for carrying out return. Where the Commission considers that the third country concerned is not cooperating sufficiently, the Member State may continue not to apply the border procedure for carrying out return; (a) until an implementing act previously adopted by the Council in accordance with Article 25a(5) of Regulation (EC) No 810/2009 has been repealed or amended; (b) until the Commission reports in its assessment carried out in accordance with paragraph 2 of Article 25a of Regulation (EC) No 810/2009 that there are substantive changes in the cooperation of the third country concerned, provided that the Commission does not consider that action is needed in accordance with that Article.
Amendment 48 #
Proposal for a regulation
Article 41 – paragraph 4 – subparagraph 2
Article 41 – paragraph 4 – subparagraph 2
Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State shallmay again apply the provisions of paragraph 31.
Amendment 49 #
Proposal for a regulation
Article 41a – paragraph 4
Article 41a – 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 15 days20 days and shall cooperate with competent authorities The competent national authorities or staff competent for the border procedure shall inform persons as referred to in paragraph 1 who are eligible for voluntary return in accordance with this Article of their rights and obligations as regards voluntary return from the first day of the border procedure. They shall be efficiently assisted, where applicable, by qualified staff at all stages. Member States shall establish programmes providing for enhanced voluntary return assistance and counselling in the border procedure. Such assistance may include support for reintegration in the third country of return. Programmes as referred to in the third subparagraph may include logistical, financial and other material or in-kind assistance. The Commission may provide guidelines on common standards for voluntary return in the border procedure.
Amendment 49 #
Proposal for a regulation
Article 41 – paragraph 4 – subparagraph 3 – introductory part
Article 41 – paragraph 4 – subparagraph 3 – introductory part
Where the Commission considers that the third country concerned is not cooperating sufficiently, the Member State mayshall continue not to apply paragraph 31:
Amendment 50 #
Proposal for a regulation
Article 41a – paragraph 5
Article 41a – paragraph 5
5. Persons referred to in paragraph 1 who have been detained during the procedure referred to in Article 41 and who no longer have a right to remain and are not allowed to remain may continue to be detained for the purpose of preventing entry into the territory of the Member State, preparing the return or carrying out the removal process, provided that the grounds for detention under Directive XXX/XXX/EU [Return Directive recast] still apply.
Amendment 50 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 51 #
Proposal for a regulation
Article 41a – paragraph 8 a (new)
Article 41a – paragraph 8 a (new)
8a. In the framework of this Article, the European Border and Coast Guard Agency may, within its mandate, support national authorities with return and readmission operations by, inter alia, providing return experts, supporting the coordination of forced and voluntary returns, organising joint return operations, facilitating the exchange of information on returnees between Member States, supporting the identification of third-country nationals and the acquisition of travel documents and monitoring return operations at all stages.
Amendment 51 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 93a and 11.
Amendment 52 #
Proposal for a regulation
Article 41 b (new)
Article 41 b (new)
Article 41b Staff in the border procedure 1. Member States shall ensure that their staff who engage in the border procedure have been provided with an appropriate level and training in all circumstances. Member States shall ensure that applicants have effective access to non-governmental organisations in facilities used for the purposes of a border procedure. 2. By ... [six months after the date of entry into force of this Regulation], the Commission shall request the European Union Agency for Asylum to issue guidelines, in cooperation with national authorities and other Union bodies, offices and agencies, to assist Member States with the planning and allocation of the appropriate level of staff, in accordance with paragraph 1. The guidelines shall specify the average requirements for staff in order to be able to comply with procedural and reception requirements, in terms of number, type and qualifications. 3. Where requested by a Member State, Union bodies, offices and agencies shall provide it with rapid and tailored support in the border procedure as specified in Article 57a, in particular where that Member State experiences a significant increase of applications.
Amendment 52 #
Proposal for a regulation
Article 41 – paragraph 6a – subparagraph 1 (new)
Article 41 – paragraph 6a – subparagraph 1 (new)
6a. Any restriction of an applicant’s freedom of movement or any application of detention as part of the border procedure shall be in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. Minors shall, as a rule, not be detained in accordance with Article 11(2) of that Directive.
Amendment 53 #
Proposal for a regulation
Article 41 c (new)
Article 41 c (new)
Article 41c Coordination between actors in the border procedure 1. Member States shall ensure that all actors and authorities involved in the various stages of the border procedure, in particular national authorites, the Commission, Union bodies, offices and agencies, international organisations, non-governmental organisations, legal representatives and lawyers, coordinate efficiently and share information with one another. 2. National authorities responsible for the border procedure shall establish a governance strategy, adopt appropriate processes, and develop tools to support the sharing of information on applicants between competent actors involved in the procedures. 3. The Commission and Union bodies, offices and agencies may identify best practice and provide guidance for the Member States in respect of this Article.
Amendment 53 #
Proposal for a regulation
Article 41 – paragraph 6a – subparagraph 2 (new)
Article 41 – paragraph 6a – subparagraph 2 (new)
By ... [six months after the date of entry into force of this Regulation], the European Union Agency for Asylum shall, in accordance with Article 13(2) of Regulation (EU) 2021/2303, develop guidelines on different practices as regards alternatives to detention that could be used in the context of a border procedure.
Amendment 54 #
Proposal for a regulation
Article 41 d (new)
Article 41 d (new)
Amendment 54 #
Proposal for a regulation
Article 41 – paragraph 6a – subparagraph 3 (new)
Article 41 – paragraph 6a – subparagraph 3 (new)
By ... [18 months after the date of entry into force of this Regulation], the Commission shall evaluate the application of this paragraph.
Amendment 55 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
Return decisions shallmay be appealed before the same court or tribunal and within the same judicial proceedings and the same time-limits as decisions referred to in points (a), (b), (c) and (d). Applicants shall be duly informed in a timely manner of their right to appeal.
Amendment 55 #
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. When applying the border procedure, Member States mayshall carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], without prejudice to the deadlines established in paragraph 11.
Amendment 56 #
Proposal for a regulation
Article 41 – paragraph 8
Article 41 – paragraph 8
8. Where the conditions for applying the border procedure are met in the Member State from which the applicant is relocated, a border procedure may be applied bynd in the Member State to which the applicant is relocated in accordance with Article [x]57 of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], a border procedure may be applied by the Member State to which the applicant is relocated, including in the cases referred to in paragraph 1, point (d).
Amendment 57 #
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. Member States shall provide for only, at least, one level of appeal in relation to a decision taken in the context of the border procedure. Where a Member State provides for more than one level of appeal, it shall ensure that the border procedure is concluded within the 12- week time limit referred to in Article 41(11).
Amendment 57 #
Proposal for a regulation
Article 41 – paragraph 8a (new)
Article 41 – paragraph 8a (new)
8a. Where the conditions for applying the border procedure are met in the Member State from which the applicant is transferred and in the Member State to which the applicant is transferred in accordance with Article 35 of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], a border procedure may be applied by the Member State to which the applicant is transferred.
Amendment 58 #
Proposal for a regulation
Article 54 – paragraph 5 – point a
Article 54 – paragraph 5 – point a
(a) the applicant shall have a time-limit of at least 5 working days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;
Amendment 58 #
Proposal for a regulation
Article 41 – paragraph 9
Article 41 – paragraph 9
Amendment 59 #
Proposal for a regulation
Article 54 – paragraph 5 – point e (new)
Article 54 – paragraph 5 – point e (new)
(e) the applicant shall be duly informed in a timely manner of his or her rights under this paragraph.
Amendment 59 #
Proposal for a regulation
Article 41 – paragraph 10
Article 41 – paragraph 10
10. By way of derogation from Article 28 of this Regulation, applications subject to a border procedure shall be lodged no later than five working days from registration for the first time or, following a relocation in accordance with Article [x] of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], five working days from when the applicant arrives in the Member State responsible following a transfer pursuant to Article 56(1), point (e), of that Regulation, provided that she or he is given an effective opportunity to do so within those time-limits.
Amendment 60 #
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. In full respect of the principle of non-refoulement, in cases of subsequent applications, by way of derogation from paragraph 65, point (d) of this Article, Member States may provide in national law that the applicant shall not have a right to remain, without prejudice to the respect of the principle of non-refoulement, if the appeal has been made merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, in cases where it is immediately clear to the court that no new elements have been presented in accordance with Article 42(4).
Amendment 60 #
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 12 weeks from when the application is registered. Following that period, including where the border procedure is applied in another Member State following a relocation in accordance with paragraph 8 or a transfer in accordance with paragraph 8a. Where, following that period, the first instance decision and the decision on appeal, if applicable, have not been taken, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicable.
Amendment 61 #
Proposal for a regulation
Article 57 a (new)
Article 57 a (new)
Amendment 61 #
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point a
Article 41 – paragraph 12 – subparagraph 1 – point a
(a) the applicant’s right to remain on the territory of a Member State has been revoked in accordance with Article 9(3), point (a);
Amendment 62 #
Proposal for a regulation
Article 57 b (new)
Article 57 b (new)
Article 57b Monitoring the application of the border procedure 1. The Commission shall regularly monitor the application of the border procedure, including, in particular, the following aspects: (a) the access that all competent actors have to facilities used for the purposes of a border procedure; (b) reception conditions and specific requirements for the border procedure; (c) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy; (d) quality of decision-making in the border procedure; 2. The Commission shall alert a Member State where the capacity of a location it has notified pursuant to Article 41(14) is temporarily insufficient for the purposes of processing applicants.
Amendment 62 #
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point b
Article 41 – paragraph 12 – subparagraph 1 – point b
(b) the applicant has no right to remain on the territory of a Member State in accordance with Article 54 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time-limit;
Amendment 63 #
Proposal for a regulation
Article 57 c (new)
Article 57 c (new)
Article 57c Monitoring of fundamental rights in the border procedure 1. Allegations of breaches of fundamental rights in relation to border procedure for the examination of applications for international protection under Article 41 and the border procedure for carrying out return under Article 41a shall be properly investigated as part of the independent monitoring mechanism referred to in paragraph 2 of this Article. 2. The Commission shall set up an independent monitoring mechanism, in cooperation with the Member States and Union bodies, offices and agencies which have monitoring competences, in particular the European Union Agency for Fundamental Rights, the European Union Agency for Asylum and the European Border and Coast Guard Agency. That mechanism shall aim to: (a) ensure that all actors involved in the border procedure comply with Union and international law during the border procedure; (b) ensure compliance, where applicable, with European rules on the detention of persons, in particular rules concerning the grounds for and the duration of detention; (c) ensure that allegations of breaches of fundamental rights in relation to the asylum and return border procedures, including in relation to access to the asylum procedure and the principle of non-refoulement, are dealt with effectively and without undue delay. The Commission shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism referred to in the first subparagraph. The European Union Agency for Fundamental Rights shall provide the Commission with general guidance on the setting up of the monitoring mechanism referred to in the first subparagraph, including as regards the independent functioning of the mechanism, the monitoring methodology it uses and appropriate training schemes. The Commission may invite relevant national, international and non- governmental organisations and bodies to participate in the monitoring carried out as part of the monitoring mechanism referred to in the first subparagraph. 3. Where monitoring carried out as part of the monitoring mechanism referred to in paragraph 2 determines that there have been breaches of fundamental rights, the Commission shall adopt appropriate and proportionate penalties.
Amendment 63 #
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point c
Article 41 – paragraph 12 – subparagraph 1 – point c
(c) the applicant has no right to remain on the territory of a Member State in accordance with Article 54 and a court or tribunal has decided that the applicant is not to be allowed to remain pending the outcome of an appeal procedure.
Amendment 64 #
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 2
Article 41 – paragraph 12 – subparagraph 2
In such cases, where the applicant has been subject to a return decision issued in accordance with the Directive XXX/XXX/EU [Return Directive] or a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, Article 41a shallmay apply.
Amendment 65 #
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 kepaccommodated in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. The competent nat or in proximity to the external border or transit zonesional authorities may require applicants to stay at locations, designated at their discretion, for completing the border procedure on the Member States’ territory. A border procedure may take place at or in proximity to the external border or transit zones on the Member State’s territory, provided that the conditions under this paragraph are fully respected and applicants’ special needs are properly safeguarded. 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 31 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 month on the basis of a decision from competent national authorities shall be notified to the Commission as early as possible and at least two weeks in advance of the changes taking effect.
Amendment 66 #
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where, on the capacity of thebasis of an assessment by the Commission or a competent national authority of the Member State concerned, it is found that the capacity of a location as notified by that Member States pursuant to paragraph 143 is temporarily insufficient to process the applicants covered by paragraph 31, that Member States may shall designate other locations within the its territory of the Member State and, upon notification to the Commission, shall accommodate applicants there, on a temporary basis and for the shortest , under the conditions provided for in Directive XXX/XXX/EU [Reception Conditions Directimve nrecessaryast].
Amendment 67 #
Proposal for a regulation
Article 41 a – paragraph 1 – subparagraph 1
Article 41 a – paragraph 1 – subparagraph 1
1. Third-country nationals and stateless persons whose application is rejected in the context of the procedure referred to in Article 41 shall not be authorised to enter the territory of the Member StatFollowing the rejection of the application of a third-country national in the context of the procedure referred to in Article 41, Member States may carry out the return of the third-country national in a border procedure.
Amendment 68 #
Proposal for a regulation
Article 41 a – paragraph 1 – subparagraph 2 (new)
Article 41 a – paragraph 1 – subparagraph 2 (new)
Where a Member State carries out the return of a third country national in a border procedure, the third-country national shall not be authorised to enter the territory of that Member State, without prejudice to Article 6(5) of the Regulation (EU) 2016/39.
Amendment 69 #
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be keptaccommodated for a period not exceeding 12 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 resordesignated at the discretion of the Member States. Such locations may be situated at or in proximity to the external border or transit zones in the territory of the Union. The conditions in those locations shall meet standards equivalent to the uose of other locations within its territory material reception conditions and health care provided to applicants in accordance with Articles 16 and 17 of Directive XXX/XXX/EU [Reception Conditions Directive recast]. The 12-week period shall start from when the applicant, third-country national or stateless person no longer has a right to remain andor is not allowed to remain.
Amendment 70 #
Proposal for a regulation
Article 41 a – paragraph 3
Article 41 a – paragraph 3
3. For the purposes of this Article, Article 3, Article 4(1), Articles 5 to 7, Article 8(1) to (5), Article 9(2) to (4), Articles 10 to 13, Article 15, Article 17(1), Article 18(2) to (4) and Articles 19 to 21 of Directive XXX/XXX/EU [recast Return Directive] shall apply.
Amendment 71 #
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 mayshall be granted a period for voluntary departure not exceeding 1of 25 days.
Amendment 72 #
Proposal for a regulation
Article 41 a – paragraph 5
Article 41 a – paragraph 5
5. Persons referred to in paragraph 1 who have been detained during the procedure referred to in Article 41 and who no longer have a right to remain and are not allowed to remain may continue to be detained for the purpose of preventing entry into the territory of the Member State, preparing the return or carrying out the removal process.
Amendment 73 #
Proposal for a regulation
Article 41 a – paragraph 6
Article 41 a – paragraph 6
6. Persons referred to in paragraph 1 who no longer have a right to remain and are not allowed to remain, and who were not detained during the procedure referred to in Article 41, may be detained if there is a risk of absconding within the meaning of Directive XXX/XXX/EU [Return Directive], if they avoid or hamper the preparation of return or the removal process or they pose a risk to public policy, public security or national security.
Amendment 74 #
Proposal for a regulation
Article 41 a – paragraph 7
Article 41 a – paragraph 7
7. Detention shall be maintained for as short a period as possible, and only as long as removala reasonable prospect of removal exists and arrangements are in progress and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive].
Amendment 75 #
Proposal for a regulation
Article 41 a – paragraph 8
Article 41 a – paragraph 8
8. Member States that, following the rejection of an application in the context of the procedure referred to in Article 41, issue a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, and that have decidedshall not to apply Directive XXX/XXX/EU [Return Directive] in such cases pursuant to Article 2(2), point (a), of that Directive, shall ensure that the treatment and level of protection of the third-country nationals and stateless persons subject to a refusal of entry are in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and are equivalent to the ones set out in paragraphs 2, 4 and 7 of this ArticleArticle 2(2), point (a), of Directive XXX/XXX/EU [Return Directive].
Amendment 76 #
Proposal for a regulation
Article 41 b – title (new)
Article 41 b – title (new)
Personnel in the border procedure
Amendment 77 #
Proposal for a regulation
Article 41 b – paragraph 1 (new)
Article 41 b – paragraph 1 (new)
1. In accordance with Article 5 of this Regulation, Member States shall provide the determining authority with sufficient personnel who have the appropriate knowledge and have received the necessary training, including on fundamental rights, to carry out its tasks in the context of the border procedure.
Amendment 78 #
2. By ... [six months after the date of entry into force of this Regulation] the European Union Agency for Asylum shall issue guidelines, in cooperation with national authorities and other Union bodies, offices and agencies, to assist Member States with the planning and allocation of the appropriate level of personnel, for the purposes of paragraph 1 of this Article, in accordance with Article 13 of Regulation (UE) 2021/2303. Those guidelines shall specify the requirements for personnel in order to be able to comply with procedural and reception requirements, in terms of number, type and qualifications.
Amendment 79 #
Proposal for a regulation
Article 41 b – paragraph 3 (new)
Article 41 b – paragraph 3 (new)
3. Where the European Union Agency for Asylum considers that the availability and capacity of personnel is insufficient on the basis of Article 14(3), point (b), of Regulation (EU) 2021/2303, Member States may request the assistance of the Union in accordance with Article 57a of this Regulation.
Amendment 80 #
(aa) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, pending the finalisation of the decision declaring that application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented in accordance with Article 42(4);
Amendment 81 #
Proposal for a regulation
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
Amendment 82 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – introductory part
Article 53 – paragraph 1 – subparagraph 1 – introductory part
1. Applicants shall have the right to an effective remedy before a court or tribunal againstin accordance with the basic principles and guarantees provided for in Chapter II against the following:
Amendment 83 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point b
Article 53 – paragraph 1 – subparagraph 1 – point b
(b) a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status;
Amendment 84 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point e a (new)
Article 53 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) a decision determining the applicant’s age.
Amendment 85 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
Amendment 86 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status. Where subsidiary protection status granted by a Member State offers the same rights and benefits as refugee status under Union and national law, the appeal against that decision in that Member State may be considered as inadmissible where provided for in national law.
Amendment 87 #
Proposal for a regulation
Recital 39 a a (new)
Recital 39 a a (new)
(39aa) The threshold of decisions granting international protection should be based on data representing the final decision stage, as long as such data is made available by Member States to Eurostat. By [five years after the entry into force of the Regulation], Member States should collect and send the relevant data to Eurostat for this purpose.
Amendment 87 #
Without prejudice to the applicant’s right to an oral hearing as a general principle, the court or tribunal may consider that the procedure referred to in the first subparagraph be done through written submissions in the context of the border procedure.
Amendment 88 #
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. AFor the purposes of a hearing, applicants shall be provided with interpretation for the purpose of a hearingin a language they understand by qualified personnel before the competent court or tribunal where such a hearing takes place and where appropriate communication cannot otherwise be ensured.
Amendment 89 #
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 90 #
Proposal for a regulation
Article 53 – paragraph 7 – subparagraph 1 – point a
Article 53 – paragraph 7 – subparagraph 1 – point a
(a) at least one week7 working days in the case of a decision rejecting an application as inadmissible, as implicitly withdrawnor explicitly withdrawn or manifestly unfounded or as unfounded if at the time of the decision any of the circumstances listed in Article 40(1) or (5) apply;
Amendment 91 #
Proposal for a regulation
Article 53 – paragraph 7 – subparagraph 1 – point b
Article 53 – paragraph 7 – subparagraph 1 – point b
(b) between a minimum of two weeks and a maximum of two monthat least 15 working days in all other cases.
Amendment 92 #
Proposal for a regulation
Article 53 – paragraph 7 – subparagraph 2 (new)
Article 53 – paragraph 7 – subparagraph 2 (new)
Member States shall extend the time- limits laid down in this paragraph where it is necessary due to the specific circumstances of the application.
Amendment 93 #
Proposal for a regulation
Article 53 – paragraph 8
Article 53 – paragraph 8
8. The time-limits referred to in paragraph 7 shall start to run from the date when the decision of the determining authority is notifieffectively received toby the applicant or his or her representative or legal adviser. Where the applicant has requested free legal assistance and representation, the time-limits shall only start to run from the date on which a legal adviser is appointed or, in case of a negative decision, from the date on which that negative decision becomes final. The procedure for notification shall be laid down in national law.
Amendment 94 #
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. Member States shallmay provide for only one level of appeal in relation to a decision taken in the context of the border procedure.
Amendment 95 #
2. Applicants shall have the right to remain on the territory of the Member States until the time-limit within which toapplicants can exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within the time-limit, pending the outcome of the remedy.
Amendment 96 #
Proposal for a regulation
Article 54 – paragraph 3 – introductory part
Article 54 – paragraph 3 – introductory part
3. TheWithout prejudice to the principle of non-refoulement, Member States may provide that an applicant shalldoes not have thea right to remain pursuant to paragraph 2 where the competent authority has taken one of the following decisions:
Amendment 97 #
Proposal for a regulation
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
(a) a decision, including a decision in a border procedure, which rejects an application as unfounded or manifestly unfounded if at the time of the decision any of the circumstances listed in Article 40(1) and (5) apply [including safe country of origin] or in the cases subject to the border procedure, points (a), (b), (c), (d), (e), (f), and (5), point (b), apply unless Article 47(4a) applies;
Amendment 98 #
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum] or (c) [subsequent applications without new elements], point (a);
Amendment 99 #
Proposal for a regulation
Article 54 – paragraph 3 – point c
Article 54 – paragraph 3 – point c
(c) a decision which rejects an application as imexplicitly withdrawn;
Amendment 100 #
Proposal for a regulation
Article 54 – paragraph 3 – point e
Article 54 – paragraph 3 – point e
Amendment 101 #
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
4. In the cases referred to in paragraph 3, a court or tribunal shall have the power to decide, following an examination of both facts and points of law, whether or not the applicant shall be allowed to remain on the territory of the Member States pending the outcome of the remedy upon the applicant’s request. The competent court or tribunal mayshall under national law have the power to decide on this matter ex officio.
Amendment 102 #
Proposal for a regulation
Article 54 – paragraph 5 – point a
Article 54 – paragraph 5 – point a
(a) where the decision has been taken in a border procedure, the applicant shall have a time-limit of at least 5 working days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;
Amendment 103 #
Proposal for a regulation
Article 54 – paragraph 5 – point c
Article 54 – paragraph 5 – point c
(c) the applicant shall be provided, upon request, with free legal assistance and representation in accordance with Article 15(4) and (5);
Amendment 104 #
Proposal for a regulation
Article 54 – paragraph 5 – point d a (new)
Article 54 – paragraph 5 – point d a (new)
(da) the applicant shall be duly informed in a timely manner of her or his rights under this paragraph.
Amendment 105 #
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
6. In cases of subsequent applications, by way of derogation from paragraph 65, point (d) of this Article, Member States may provide in national law that the applicant shall not have a right to remain, without prejudice to the respect of the principle of non-refoulement, if the appeal has been made merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, in cases where it is immediately clear to the court that no new elements have been presented in accordance with Article 42(4).
Amendment 106 #
Proposal for a regulation
Article 57 a – title (new)
Article 57 a – title (new)
Role of Union agencies
Amendment 107 #
Proposal for a regulation
Article 57 a – paragraph 1 (new)
Article 57 a – paragraph 1 (new)
1. The Union agencies acting in the field of asylum and migration management shall, within their respective mandates, provide support to the Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation, in particular the accelerated examination procedure under Article 40, the border procedure for the examination of applications for international protection under Article 41 and the border procedure for carrying out return under Article 41a.
Amendment 108 #
Proposal for a regulation
Article 57 a – paragraph 2 – subparagraph 1 (new)
Article 57 a – paragraph 2 – subparagraph 1 (new)
2. The European Union Agency for Asylum shall, in accordance with Article 16(1), point (d), of Regulation (EU) 2021/2303, propose on its own initiative operational and technical assistance to a Member State related to the implementation of this Regulation. The European Border and Coast Guard Agency shall, in accordance with Article 48 of Regulation (EU) 2019/1896, propose on its own initiative operational and technical assistance to a Member State related to the implementation of this Regulation.The European Union Agency for Fundamental Right shall, in accordance with Article 4 of Regulation (EU) 168/2007, propose on its own initiative operational and technical assistance to a Member State related to the implementation of this Regulation.
Amendment 109 #
Proposal for a regulation
Article 57 a – paragraph 2 – subparagraph 2 (new)
Article 57 a – paragraph 2 – subparagraph 2 (new)
Where a Member State does not agree with a proposal for operational and technical assistance from the European Union Agency for Asylum or from the European Border and Coast Guard Agency, as referred to in the first subparagraph, it shall explain its reasons for rejecting the proposal in a timely manner.
Amendment 110 #
3. For the purposes of this Article, the European Union Agency for Asylum, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights shall each lay down a list of tasks in their remit for the implementation of this Regulation, in accordance with their respective mandate. They shall communicate that list to the Commission and to the Member States by ... [one month after the date of entry into force of this Regulation].
Amendment 111 #
Proposal for a regulation
Article 57 c – title (new)
Article 57 c – title (new)
Monitoring of respect for fundamental rights in the border procedure
Amendment 112 #
Proposal for a regulation
Article 57 c – paragraph 1 – subparagraph 1 (new)
Article 57 c – paragraph 1 – subparagraph 1 (new)
1. Member States shall adopt relevant provisions to investigate all allegations of non-respect for fundamental rights during the border procedure for the examination of applications for international protection under Article 41 and the border procedure for carrying out return under Article 41a.
Amendment 113 #
Proposal for a regulation
Article 57 c – paragraph 1 – subparagraph 2 (new)
Article 57 c – paragraph 1 – subparagraph 2 (new)
Member States shall adopt provisions under national law to penalise a failure to respect fundamental rights. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 114 #
Proposal for a regulation
Article 57 c – paragraph 2 – subparagraph 1 (new)
Article 57 c – paragraph 2 – subparagraph 1 (new)
2. Each Member State shall establish an independent monitoring mechanism or designate an existing independent mechanism that meets the criteria set out in this Regulation.
Amendment 115 #
Proposal for a regulation
Article 57 c – paragraph 2 – subparagraph 2 (new)
Article 57 c – paragraph 2 – subparagraph 2 (new)
Amendment 116 #
Proposal for a regulation
Article 57 c – paragraph 2 – subparagraph 3 (new)
Article 57 c – paragraph 2 – subparagraph 3 (new)
The monitoring mechanism shall ensure that allegations of non-respect for fundamental rights in all relevant activities for all third-country nationals referred to in Article 3(1) and (2) are properly investigated and dealt with effectively and without undue delay or, where necessary, trigger such investigations. It shall monitor the progress of those investigations.
Amendment 117 #
3. Member States shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism, in accordance with criteria recognised under relevant international human rights law and standards.
Amendment 118 #
Proposal for a regulation
Article 57 c – paragraph 3 – subparagraph 2 (new)
Article 57 c – paragraph 3 – subparagraph 2 (new)
Member States shall involve national human rights institutions, national ombudspersons and international organisations in the management and operation of the monitoring mechanism, and their participation in the mechanism. They may also involve relevant non- governmental organisations. Where one or more of those institutions, ombudspersons or organisations are not directly involved in the mechanism, the bodies responsible for the monitoring mechanism shall establish and maintain close links with them. The bodies responsible for the monitoring mechanism shall establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor.
Amendment 119 #
4. Member States shall provide bodies responsible for the monitoring mechanism with access to all relevant locations, including reception and detention facilities, individuals and documents, in so far as such access is necessary to allow the bodies responsible for the monitoring mechanism to fulfil the obligations set out in this Article. Where information gathered on an individual case suggests that a criminal offence has been committed, that information shall be handed over to the national prosecuting authorities or prosecution service.
Amendment 120 #
Proposal for a regulation
Article 57 c – paragraph 5 (new)
Article 57 c – paragraph 5 (new)
5. The FRA shall issue general guidance for Member States on the establishment of a monitoring mechanism and its independent functioning. Furthermore, Member States may request the FRA to support them in developing their national monitoring mechanism, including the safeguards for the independence of such mechanisms, and the monitoring methodology and appropriate training schemes.
Amendment 121 #
6. The monitoring mechanism shall be complementary to the mechanism referred to in Article 7 of Regulation (EU) XXX/XXX [Screening Regulation].
Amendment 122 #
Proposal for a regulation
Article 57 c – paragraph 6 – subparagraph 2 (new)
Article 57 c – paragraph 6 – subparagraph 2 (new)
The monitoring mechanism is without prejudice to the monitoring mechanism for the purpose of monitoring the operational and technical application of the CEAS set out in Article 14 of Regulation (EU) 2021/2303 and to the role of the fundamental rights monitors in monitoring respect for fundamental rights in all activities of the European Border and Coast Guard Agency set out in Article 80 of Regulation (EU) 2019/1896.
Amendment 123 #
Proposal for a regulation
Article 59 a – title (new)
Article 59 a – title (new)
Monitoring
Amendment 124 #
1. The Commission shall regularly monitor the application of this Regulation. For that purpose, it shall be assisted by the European Union Agency for Asylum, in accordance with Article 14 of Regulation (EU) 2021/2303.
Amendment 125 #
Proposal for a regulation
Article 59 a – paragraph 2 (new)
Article 59 a – paragraph 2 (new)
2. The monitoring shall cover, in particular, the following aspects: (a) the access that all competent actors, including for non-governmental organisations, have to facilities used for the purposes of a border procedure; (b) the personnel in accordance with Article 41b and the coordination between actors in accordance with Article 41c; (c) reception conditions in accordance with Article 41a(2) and requirements specific to the border procedure; (d) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy.
Amendment 126 #
3. Member States shall regularly report to the Commission and to the European Union Agency for Asylum in relation to the implementation and application of Sections III and IV.
Amendment 127 #
Proposal for a regulation
Article 59 a – paragraph 4 (new)
Article 59 a – paragraph 4 (new)
4. The European Union Agency for Asylum shall indicate to a Member State where, on the basis of operational and technical monitoring pursuant to Article 14 of Regulation (EU) 2021/2303, it considers that the capacity of a location it has notified pursuant to Article 41(14) is temporarily insufficient for the purpose of processing applicants.
Amendment 128 #
Proposal for a regulation
Article 60 – title
Article 60 – title
Amendment 129 #
Proposal for a regulation
Article 60 – paragraph 1a (new)
Article 60 – paragraph 1a (new)
Amendment 228 #
Proposal for a regulation
Article 40 a (new)
Article 40 a (new)
Article 40a Data collection on asylum decision 1. The 20% threshold referred to in Article 10(1a) and (5c) shall represent the final stage of a decision on asylum, after all remedies provided in national law are exhausted. 2. In application to the first paragraph, by [five years after the entry into force of the Regulation], Member States shall collect and send the relevant data to Eurostat.