106 Amendments of Sophia IN 'T VELD related to 2016/0224(COD)
Amendment 91 #
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, where applicable after screening should be channelled to the appropriate asylum or retur, return or national protection procedure, or refused entry. A pre-entry phase consisting of screening and border procedures for asylum and return should therefore be established.’
Amendment 114 #
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border of that Member States where appropriate facilities exist. Vulnerable groups and applicants such as children should receive specific procedural safeguards and should be immediately referred to adequate accommodation. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity at border crossing points, or sections of the external border, where the majority of the number of applications for international protection are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried out. Member States should ensure that necessary arrangements are made to accommodate vulnerable applicants such as children, in accordance with, among others, the Reception Conditions Directive. The area assigned shall not affect their right to family life and shall guarantee the access to all rights and benefits under this Directive. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 150 #
Proposal for a regulation
Recital 40h a (new)
Recital 40h a (new)
(40h a) Minors, whether accompanied or unaccompanied, shall be considered applicants in need of special procedural guarantees as specified in Article 19 (I);
Amendment 151 #
Proposal for a regulation
Recital 40h b (new)
Recital 40h b (new)
(40h b) The appointed guardians of non-accompanied minors as referred to in Article 22 (4) of this Directive shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role.
Amendment 152 #
Proposal for a regulation
Recital 40h c (new)
Recital 40h c (new)
(40h c)Given the possibility for unaccompanied minors to file complaints against their guardians referred to in Article 22.5, all unaccompanied minors shall be given information, in a child- friendly manner and in a language that they understand, about who the supervising and monitoring entities or persons are and how to report complaints against their guardians in confidence and safety.
Amendment 153 #
Proposal for a regulation
Recital 40h d (new)
Recital 40h d (new)
(40h d) Age assessment procedures as referred to in Article 24, should apply the least intrusive method and the least intrusive process, following the EASO Practical Guide on Age Assessment and must be gender- and culturally appropriate. Pending age assessment results, the applicant is to be treated as a minor and accommodated in the appropriate reception structures provided for under national law. Age assessments should take place in an adequate environment by independent, adequately trained and qualified professionals who are familiar with the applicant’s ethnic and cultural background and employ a multi-disciplinary approach which takes into account physical, developmental, psychological, environmental and cultural factors, thereby allowing for the most reliable result possible. Experts in children’s development, such as paediatricians, social workers and psychologists, shall be involved throughout the assessment procedure. Cultural-linguistic mediators or, where not possible, qualified interpreters shall support these professionals. Guardians shall be present during the examination if requested to attend by the applicant. Minors shall be informed in a language they understand and in a way that is consistent with their age and degree of maturity. They shall have the right to an effective remedy against the decision determining their age.
Amendment 154 #
Proposal for a regulation
Recital 40h e (new)
Recital 40h e (new)
(40h e) if a minor does not have the legal capacity to act in asylum procedures referred to in Article 31 (8 & 9) and the responsible adult does not make an application, the determining authority shall lodge an application on behalf of the minor, with due regard to his or her views.
Amendment 240 #
Proposal for a regulation
Recital 15
Recital 15
(15) Certain applicants may be in need of specialfic procedural guarantees due, inter alia, to their age, gender, sexual orientation, gender identity, disability, serious illness, mental disorders or as a consequence of torture, rape or other serious forms of psychological, physical, sexual or gender-based violence. It is necessary to systematically assess whether an individual applicant is in need of specialfic procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken.
Amendment 243 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure that the identification of applicants in need of specialfic procedural guarantees takes place as early as possible, the personnel of the authorities responsible for receiving and registering applications should be adequately trained to detect signs of vulnerability signs and they should receive appropriate instructions for that purpose. Further measures dealing with identification and documentation of symptoms and signs of torture or other serious acts of physical or psychological violence, including acts of sexual violence, in procedures covered by this Regulation should, inter alia, be based on the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol).
Amendment 248 #
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 specialfic 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 circumstances.
Amendment 264 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to improve the provision of information significantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand, accept and follow the procedures of this Regulation to a greater extent than to date. In order to reduce the administrative requirements and make effective use of common resources the Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Asylum Agency should make full use of modern information technologies when developing that material. In order to assist asylum seekers properly, the Asylum Agency should also develop audio-visual information material that can be used as a complement to written information material. The Asylum Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Asylum Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.
Amendment 268 #
Proposal for a regulation
Recital 23
Recital 23
(23) An application should be registered as soon as possible after it is made. At this stage, the authorities responsible for receiving and registering applications, including border guards, police, immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant. Those authorities should inform the applicant of his or her rights and obligations, as well as the consequences for the applicant in case of non-compliance with those obligations. The applicant should be given a document certifying that an application has been made. The time limit for lodging an application starts to run from the moment an application is registered.
Amendment 273 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
Amendment 280 #
Proposal for a regulation
Recital 25
Recital 25
(25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national authorities by not providing the elements necessary for the examination of the application and by not providing his or her fingerprints or facial image, or fails to lodge his or her application within the set time limit, the application could be rejected as abandoned, it is necessary that the applicant be informed of the consequences for not complying with those obligations.
Amendment 304 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 311 #
Proposal for a regulation
Article 41 – paragraph 7 a (new)
Article 41 – paragraph 7 a (new)
7a. The responsible authorities shall explore alternatives to detention in border procedures, in particular for minors and applicants with specific vulnerabilities. Where possible, minors should be accommodated in non-custodial community-based placements while their immigration status is being resolved. Unaccompanied minors shall never be detained and shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into account their views.
Amendment 319 #
Proposal for a regulation
Recital 37
Recital 37
(37) The concept of safe third country shouldmay be applied as a ground for inadmissibility where the applicant, due to a meaningful connection to the third country including one through which he or she has transited, can reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country. The mere fact that the applicant has transited through that third country should not in itself be sufficient to assume such a meaningful link. Member States should proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, that the applicant will have the possibility to receive protection in accordance with the substantive standards of the Geneva Convention or will enjoy sufficient protection, particularly as regards the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, and the right to family reunification in accordance with international human rights standardsGeneva Convention.
Amendment 345 #
Proposal for a regulation
Recital 43
Recital 43
Amendment 441 #
Proposal for a regulation
Recital 70
Recital 70
(70) Any personal data collected upon registration or lodging of an application for international protection and during the personal interview should be considered to be part of the applicant's file and it should be kept for a number of years since third- country nationals or stateless persons who request international protection in one Member State may try to request international protection in another Member State or may submit further subsequent applications in the same or another Member State for years to come. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after a period of tenfive years from when they are granted international protection, that period should be considered a necessary period for the storage of personal details, including fingerprints and facial images.
Amendment 443 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards the provision of information, documents to the applicants and measures concerning applicants in need of specialfic procedural guarantees including minors, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council34 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. _________________ 34 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 456 #
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 498 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) 'applicant in need of specialfic procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this Regulation is limited due to individual circumstances;
Amendment 563 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) obtain any information from the alleged actors of persecution or serious harm in a manner thaf it wcould result in such actors being directly informed of the fact that an application has been made by the applicant in question, and wouldin any way jeopardise the physical integrity of the applicant or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.
Amendment 585 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image, and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations, this or her application shall be rejected as abandoned shall not prevent the determining authority from taking accordance with the procedure referred to in Article 39 decision on an application for international protection.
Amendment 602 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. The European Asylum Agency shall, in close cooperation with the responsible national agencies and complementary to information material provided under Regulation XXX/XXX (Dublin Regulation), draw up common information materials containing at least the information referred to in paragraph 1 of this Article. The common information material shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. The European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants, with specific attention to female and vulnerable applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 607 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand,, in a concise, transparent, intelligible and easily accessible form, using clear and plain language of the following:
Amendment 622 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The information referred to in the first paragraph shall be given in good timeprovided as soon as the application is registered to enable the applicants to exercise the rights guaranteed in this Regulation and for them to adequately comply with the obligations set out in Article 7. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment. Oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a responsible Member State in accordance with this Regulation. In the case of minors, information shall be provided in a child friendly manner by appropriately trained staff and with the involvement of the guardian.
Amendment 631 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. The European Asylum Agency shall provide a dedicated website with information about the Common European Asylum System, and in particular the functioning of this Regulation, targeting applicants for international protection as well as potential applicants.The information on the website shall be comprehensive and up to date and be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language and available in all the major languages spoken by applicants for international protection arriving in Europe.
Amendment 634 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3 b. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application.Such information shall be provided in writing at regular intervals.In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities.The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information.Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 659 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 703 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The personnel interviewing applicants, including experts deployed by the European Union Agency for Asylum, shall have received relevant training in advance which shall include the elements listed in Article 7(5) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation), including as regards international human rights law, Union asylum law, and rules on access to the international protection procedure, including for persons who could require specialfic procedural guarantees.
Amendment 711 #
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. The absence of a personal interview, omitted in accordance with paragraph 5, shall not prevent the determining authority from taking a decision on an application for international protection.
Amendment 721 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings appearing in the report orand in the transcript, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report orand of the substantive elements of the transcript, with the assistance of an interpreter, where necessary. The applicant shall then be requested to confirm that the content of the report orand the transcript correctly reflects the personal interview.
Amendment 722 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. AThe determining authority shall ensure that the applicants and/or their guardian, the legal advisers or other counsellors shall who is representing the applicant have access to the report orand the transcript and the recording as soon as possible after the interview, and in any case in due time before the determining authority takes a decision.
Amendment 733 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording or the transcript for tenfive years from the date of a final decision. The recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 745 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter Vfor matters relating to their applications at all stages of the procedure.
Amendment 757 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
Amendment 765 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point b
Article 15 – paragraph 5 – subparagraph 1 – point b
Amendment 789 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States may also impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits doare not arbitrariy and do not unduly restrict access to free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.
Amendment 791 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. With due respect of the provisions of Article 14 Member States may end the provision of free legal assistance in accordance with Article 15(3)b and 15(5)b if and when the applicant’s financial situation considerably improves. Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant. if it can be established that the applicant has sufficient resources.
Amendment 802 #
Proposal for a regulation
Chapter 2 – section 4 – title
Chapter 2 – section 4 – title
Specialfic Guarantees
Amendment 803 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Applicants in need of specialfic procedural guarantees
Amendment 806 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically assess whether an individual applicant is in need of specialfic procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 807 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
For the purpose of that assessment, the determining authority shall respect the general principles for the assessment of specialfic procedural needs set out in Article 20.
Amendment 809 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where applicants have been identified as applicants in need of specialfic procedural guarantees, they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection.
Amendment 813 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special fic procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.
Amendment 815 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission may specify the details and specific measures for assessing and addressing the specialfic procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.
Amendment 818 #
Proposal for a regulation
Article 20 – title
Article 20 – title
General principles for the assessment of specialfic procedural needs
Amendment 820 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The process of identifying applicants with specialfic procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged.
Amendment 822 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents first indications of vulnerability which may require specialfic procedural guarantees and may be inferred from physical signs or from the applicant's statements or behaviour.
Amendment 825 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require specialfic procedural guarantees.
Amendment 826 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 3
Article 20 – paragraph 2 – subparagraph 3
Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect first signs of vulnerability of applicants that could require specialfic procedural guarantees and that it shall receive instructions for that purpose.
Amendment 833 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for specialfic procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, without having to restart the procedure for international protection.
Amendment 842 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and specialfic needs of minors and it shall be conducted in a child-sensitive and context- appropriate manner.
Amendment 843 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and specialfic needs of minors.
Amendment 845 #
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. In assessing the best interests of the child the determining authority shall, in particular, take due account of the following factors a) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services; b) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings; c) the views of the minor, in accordance with his or her age and maturity. d) the information provided by the guardian in the Member State where the minor is present.
Amendment 846 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Specialfic guarantees for unaccompanied minors
Amendment 856 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 3 a (new)
Article 22 – paragraph 1 – subparagraph 3 a (new)
Procedural time limits shall not start before the appointment of a guardian
Amendment 857 #
2. The determining authority shall inform the guardian of all relevant facts, procedural steps and time-limits pertaining to the unaccompanied minor. The guardian shall further have access to the content of the relevant documents in the applicants file including the specific information materials for unaccompanied minors.
Amendment 896 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Any Medical examinations pursuant to paragraph 1 shall be based on scientifically proven methods
Amendment 909 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.
Amendment 944 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for tenfive years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 948 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant shall lodge the application within twenty working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.
Amendment 968 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The responsible authorities shall store the data referred to in paragraph 4 for tenfive years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 989 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 2 shall be valid for a period of sixtwelve months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
Amendment 995 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. WThe re there are indications thatsponsible authorities shall inform all third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, and that may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:
Amendment 1002 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
Amendment 1004 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
Amendment 1008 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
Amendment 1087 #
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
Amendment 1106 #
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
(b) the applicant has specialfic reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of specialfic procedural guarantees, in particular where he or she is an unaccompanied minor.
Amendment 1120 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 1129 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand.
Amendment 1146 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The determining authority shallmay assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and shallmay reject an application as inadmissible where any of the following grounds applies:
Amendment 1170 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40(1)(a), (b), (c), (d) and (ed).
Amendment 1174 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. An applicant may, of his or her own motion and at any time during the procedure, withdraw his or her application. The determining authority shall ensure that the applicant understands all procedural consequences of such a decision.
Amendment 1181 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) three months following the registration and despite being reminded by the determining authority the applicant has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so;
Amendment 1183 #
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) three months following the registration and despite being reminded by the determining authority a spouse, partner or minor has not lodged his or her application after the applicant failed to lodge the application on his or her own behalf as referred to in Article 31(3) and (8);
Amendment 1190 #
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
Amendment 1192 #
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
Amendment 1196 #
Proposal for a regulation
Article 39 – paragraph 1 – point f
Article 39 – paragraph 1 – point f
Amendment 1210 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where the applicant reports to the determining authority within that one- month period and demonstrates that his or her failure was due to circumstances beyond his or her control, the determining authority shall resume the examination of the application.
Amendment 1213 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Where the applicant does not report to the determining authority within this one-month period and does not demonstrate that his or her failure was due to circumstances beyond his or her control, the determining authority shall consider that the application has been implicitly withdrawn.
Amendment 1223 #
Proposal for a regulation
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. The determining authority shallmay, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection, in the cases where:
Amendment 1248 #
Proposal for a regulation
Article 40 – paragraph 1 – point g
Article 40 – paragraph 1 – point g
Amendment 1270 #
Proposal for a regulation
Article 40 – paragraph 5 – point a
Article 40 – paragraph 5 – point a
Amendment 1298 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – introductory part
Article 41 – paragraph 5 – subparagraph 1 – introductory part
The border procedure mayshall not be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where:
Amendment 1302 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point a
Article 41 – paragraph 5 – subparagraph 1 – point a
Amendment 1305 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point b
Article 41 – paragraph 5 – subparagraph 1 – point b
Amendment 1306 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point c
Article 41 – paragraph 5 – subparagraph 1 – point c
Amendment 1310 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point d
Article 41 – paragraph 5 – subparagraph 1 – point d
Amendment 1313 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 2
Article 41 – paragraph 5 – subparagraph 2
Amendment 1328 #
Proposal for a regulation
Article 42 – paragraph 4 – point b
Article 42 – paragraph 4 – point b
Amendment 1335 #
Proposal for a regulation
Article 43
Article 43
Amendment 1350 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. A third country shallmay be considered to be a first country of asylum for a particular applicant provided that: the applicant has been recognized as a refugee in accordance with the Geneva Convention in that country before travelling to the Union and he or she can still avail himself or herself of that protection.
Amendment 1354 #
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
Amendment 1358 #
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
Amendment 1360 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 1383 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. As regards unaccompanied minors, tThe concept of first country of asylum may onlyshall not be applied where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1to unaccompanied minors unless it is determined to be clearly in the best interest of the child.
Amendment 1393 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
A third country shallmay be designated as a safe third country provided that:
Amendment 1402 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point e
Article 45 – paragraph 1 – subparagraph 1 – point e
(e) the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2), as appropriateGeneva Convention.
Amendment 1421 #
Proposal for a regulation
Article 45 – paragraph 3 – introductory part
Article 45 – paragraph 3 – introductory part
3. The determining authority shallmay consider a third country to be a safe third country for a particular applicant, after an individual examination of the application, only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that:
Amendment 1424 #
Proposal for a regulation
Article 45 – paragraph 3 – point a
Article 45 – paragraph 3 – point a
(a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country, including because the applicant has transited through that third country which is geographically close to the country of origin of the applicant;; and
Amendment 1431 #
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. As regards unaccompanied minors, the concept of safe third country may only be applieThe concept of safe third country shall not be applied to unaccompanied minors unless it is determined to be clearly in the best interest of the child and where the authorities of the Member States have first received from the authorities of the third country in question confirmation that the unaccompanied minor shall be taken in charge by those authorities and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e).
Amendment 1526 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point a
Article 53 – paragraph 6 – subparagraph 1 – point a
(a) within onetwo weeks in the case of a decision rejecting a subsequent application as inadmissible or manifestly unfounded;
Amendment 1577 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the responsible authorities as well as between the responsible authorities and the European Union Agency for Asylum.