45 Amendments of Alessandra MUSSOLINI related to 2016/0133(COD)
Amendment 121 #
Proposal for a regulation
Recital 5
Recital 5
(5) Such a method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, on behalf of the European Union, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.
Amendment 129 #
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annuallyevery six months, as well as the reference key based on Eurostat data. The European Agency for Asylum should handle the transfers of applicants requesting international protection from one Member State to another in all the cases provided for by this Regulation.
Amendment 146 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well asexamines in accelerated procedures applications made by applicants presenting security concerns.
Amendment 160 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be ththe absence of a family member or a relative, unaccompanied minors should not, as general rule, be transferred among Member States. Their application should be therefore examined by the Member State where the unaccompanied minor first has lodged his or her application for international protection,is present after having lodged an application, if provisions at Article 19 are not applicable and unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise.
Amendment 175 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of some of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 180 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to reduce the administrative requirements and make effective use of common resources the European Union Agency for Asylum should develop suitable information material on the CEAS, in close cooperation with the national authorities. The information material developed by the Agency should be translated and made available in languages which the asylum seekers understand or are reasonably supposed to understand. In order to avoid that information on the functioning of the CEAS are improperly used, they should be provided just to asylum seekers, once they have already reached the territory of the Union.
Amendment 207 #
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism. The national competent authorities of the Member State should be entitled to consult the information linked to the unique application number for security reasons.
Amendment 226 #
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States, on their level of unemployment, on their expenditure linked to migration and on the number of beneficiaries of international protection who are in their territory should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 1500% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 232 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) In order to ensure that Member States that have not in recent years been among the main destination countries for applicants for international protection have sufficient time to build up their reception capacity, the corrective allocation mechanism should enable a gradual transition from the current situation to a situation with a more fair distribution of responsibilities under the corrective allocation mechanism. The transitional system should create a baseline key based on the average relative numbers of historically lodged applications for international protection in Member States and then transition from this "status quo" model towards a fair distribution by calculating the reference number for each Member State during the transitional period on the basis of a combination between the baseline key and the reference key referred to in Article 35.
Amendment 241 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) It would be an asset to ensure that applicants who wish to be transferred together can register and be transferred under the corrective allocation mechanism as a group to one Member State. In order to allow for the smooth and practical application the relocation system should be based on transfer lists of 15 applicants per list.
Amendment 260 #
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with Commission Regulation (EC) No 1560/200322 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. The European Union Agency for Asylum should play a key role in guaranteeing that transfers are duly carried out, especially when they are on a voluntary basis. _________________ 22 OJ L 222, 5.9.2003, p. 3.
Amendment 270 #
Proposal for a regulation
Recital 47
Recital 47
(47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent personsthe modalities and periodicity for providing applicants with information on the status of the procedure; of rules on the qualifications of and training for guardians and the modalities for their engagement with other actors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of standard operating procedures for cross-border cooperation among Member States regarding the assessment of the best interests of the child, family tracing and the identification of family members, siblings, relatives or any other family relations of an unaccompanied minor and for assessing the capacity of a relative to take care of an unaccompanied minor; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of rules concerning the modalities for the handover from guardian to guardian in the case of transfers; of uniform conditions and practical arrangements for the exchange of information on a person’'s health data before a transfer, and of secure electronic transmission channels for the transmission of requests..
Amendment 306 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 312 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 352 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, on behalf of the European Union, which shall be the one which the criteria set out in Chapter III indicate is responsible.
Amendment 357 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining it. This provision shall not be applied in those cases in which the first Member State where the application for international protection was lodged is a benefitting State in accordance to Article 34.
Amendment 373 #
Proposal for a regulation
Article 3 – paragraph 3 – point b – introductory part
Article 3 – paragraph 3 – point b – introductory part
(b) examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following grounds apply applies as referred in Article 3 (3) - point b - point ii:
Amendment 421 #
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 196(6) of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present.
Amendment 441 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) that a Member State may decide to apply the discretionary clauses under Article 19 , as well as of the specific modalities relating to this procedure;
Amendment 452 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility to challenge a transfer decision within 710 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;
Amendment 485 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate and, when the applicant is a minor, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 491 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information provided in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 500 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leaflet for unaccompanied minorsinformation materials for unaccompanied minors. The guardian shall be appointed no later than five days from the moment when an unaccompanied minor arrives in the Member State.
Amendment 508 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) 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;
Amendment 510 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 512 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) situations of vulnerability, including trauma, specific health needs and disability
Amendment 516 #
Proposal for a regulation
Article 8 – paragraph 3 – point d – point i (new)
Article 8 – paragraph 3 – point d – point i (new)
i) the need for decisions concerning children to be treated with priority
Amendment 554 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, and if no Member State has accepted under Article 19 to examine the application becoming the Member State responsible, the Member State responsible shall be thate one where the unaccompanied minor first has lodged his or herminor is present after having lodged an application for international protection, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 575 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where the applicant is in possession of a valid residence document or a residence document which has expired less than two years before lodging the first application , the Member State which issued the document shall be responsible for examining the application for international protection.
Amendment 580 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application , the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council25 . In such a case, the represented Member State shall be responsible for examining the application for international protection. _________________ 25 Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas (OJ L 243, 15.9.2009, p. 1).
Amendment 589 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus entered shall be responsible, on behalf of the European Union, for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place.
Amendment 728 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall provide for a period of 710 days after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 738 #
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation for minor applicants and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 755 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Because of measures taken to counteract absconding, the cost of detention in certain Member States is very high. The European Union Agency for Asylum and the AMIF shall provide the financial aid and resources necessary to ensure effective detention without placing too heavy a burden on public funds.
Amendment 757 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 a (new)
Article 29 – paragraph 3 – subparagraph 1 a (new)
Minors shall not be detained; Member States shall instead accommodate minors and families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 767 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (e) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision . Especially when the transfer to the Member State responsible is carried out on a voluntary basis, the European Union Agency for Asylum shall play a key role in assuring that the applicant is effectively transferred.
Amendment 833 #
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 839 #
Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)
Article 35 – paragraph 2 – point b b (new)
(bb) the percentage of expenditure linked to migration when compared to the overall GDP
Amendment 842 #
Proposal for a regulation
Article 35 – paragraph 2 – point b c (new)
Article 35 – paragraph 2 – point b c (new)
(bc) the number of beneficiaries of international protection who are present in the territory of the Member State
Amendment 1003 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
By way of derogation from Article 35 the reference key for the corrective allocation shall be calculated using the formula in Annex Ia during the first three years following the entry into force of this Regulation.
Amendment 1015 #
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
Unemployment rate effectMS
Amendment 1017 #
Proposal for a regulation
Annex I – paragraph 2 b (new)
Annex I – paragraph 2 b (new)
Percentage of expenditure linked to migration when compared to the overall GDP effectMS
Amendment 1018 #
Proposal for a regulation
Annex I – paragraph 2 c (new)
Annex I – paragraph 2 c (new)
Number of beneficiaries of international protection present in the territory effectMS
Amendment 1019 #
Proposal for a regulation
Annex I – paragraph 3
Annex I – paragraph 3
ShareMS = 50% Population effectMS + 50% GDP effectMS + Unemployment rate effectMS + Percentage of expenditure linked to migration when compared to the overall GDP effectMS + Number of beneficiaries of international protection present in the territory effectMS
Amendment 1021 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Transitional arrangements for the calculation of the reference key in Article 35. 1. For the purpose of the corrective allocation mechanism, the reference number for each Member State shall, during a transitional period as defined in this Annex, be determined by a combination of a baseline key and the reference key referred to in Article 35. 2. The baseline reference key referred to in paragraph 1 shall be calculated by adding the lodged applications, using Eurostat figures, in Member States for the years 2011, 2012, 2013, 2014 and 2016, divided by the total amount of lodged applications within all Member States during that period. 3. The transitional reference key shall be calculated as follows a) from the entry into force until the end of the first calendar year following the entry into force ('year X') the transitional reference key should be the same as the baseline reference key b) in year X+1 the transitional reference key should be composed of 80% of the baseline reference key and 20% of the reference key in Article 35 of this regulation c) in year X+2 the transitional reference key should be composed of 50% of the baseline reference key and 50% of the reference key in Article 35 of this regulation 4. Following the expiration of the period mentioned in point (c) of paragraph 3 the reference key shall be calculated according to the provisions of Article 35.