BETA

23 Amendments of Filiz HYUSMENOVA related to 2016/0133(COD)

Filiz HYUSMENOVA

Proposal for a regulation
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 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 as applicants presenting security concerns.deleted

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Recital 32

(32) A reference key based on the size of the population and of the economy of the Member States, taking also into account the first-entry position of the frontline Member States, 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 ~~150~~85% of the figure identified in the reference key. The corrective allocation should apply until the number of applicants registered drops below 65% 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.

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 3 – paragraph 3

3. Before applying the criteria for determining a Member State responsible in accordance with Chapters III and IV, the first Member State in which the application for international protection was lodged shall: (a) examine whether the application for international protection is inadmissible pursuant to Article 33(2) letters b) and c) of Directive 2013/32/EU when a country which is not a Member State is considered as a first country of asylum or as a safe third country for the applicant; and (b) examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following grounds apply: (i) the applicant has the nationality of a third country, or he or she is a stateless person and was formerly habitually resident in that country, designated as a safe country of origin in the EU common list of safe countries of origin established under Regulation [Proposal COM (2015) 452 of 9 September 2015]; or (ii) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law.deleted

2017/04/25
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 3 – paragraph 4

4. Where the Member State considers an application inadmissible or examines an application in accelerated procedure pursuant to paragraph 3, that Member State shall be considered the Member State responsible.deleted

2017/04/25
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 3 – paragraph 5

5. The Member State which has examined an application for international protection~~, including in the cases referred to in paragraph 3,~~ shall be responsible for examining any further representations or a subsequent application of that applicant in accordance with Article 40, 41 and 42 of Directive 2013/32/EU~~, irrespective of whether the applicant has left or was removed from the territories of the Member States~~. In the case when the applicant has left or was removed from the territory of the Member State as a result of a return decision or a removal order issued following the rejection or withdrawal of the application and a subsequent application is made later in another Member State, the applicant shall be removed from the territories of the Member states without initializing a take back procedure to the Member State initially responsible.

2017/04/25
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 4 – paragraph 1

1. Where a person who intends to make an application for international protection has entered irregularly into the territory of the Member States, the application shall be made in the Member State of that first entry. Where a person who intends to make an application for international protection is legally present in a Member State, the application shall be made in that Member State.

2017/04/25
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 4 – paragraph 2

2. The applicant for international protection shall submit as soon as possible a~~nd at the latest during the interview pursuant to Article 7, all~~ll the available elements and information relevant for determining the Member State responsible and cooperate with the competent authorities of the Member States. The competent authorities shall take into account the elements and information relevant for determining the Member State responsible ~~and cooperate with the competent authorities of~~only insofar as they have been submitted before the final decision determining the Member States responsible.

2017/04/25
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)

(ca) Of the procedure of immediate removal from the territories of the Member States without initiating a take back procedure in the case when the applicant has left the territory of the responsible Member State as a result of a return decision or a removal order issued following a rejection or a withdrawal of the application if that applicant later attempted to apply in a different Member State.

2017/04/25
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 8 – paragraph 1

1. The best interests of the child shall be athe primary consideration for Member States with respect to all procedures provided for in this Regulation.

2017/04/25
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 8 – paragraph 4

4. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the ~~minor~~child are taken into consideration.

2017/04/25
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 10 – paragraph 5

5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this is not in the best interests of the ~~minor~~child.

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 20 – paragraph 1 – point c

(c) take back, under the conditions laid down in Articles 26 and 30, a third- country national or a stateless person who has withdrawn the application under examination and made an application in another Member State or who is on the territory of another Member State without a residence document;deleted

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 20 – paragraph 1 – point d

(d) take back, under the conditions laid down in Articles 26 and 30, a third- country national or a stateless person whose application has been rejected and who made an application in another Member State or who is on the territory of another Member State without a residence document;deleted

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 20 – paragraph 1 – point e a (new)

(e a) A third country national or a stateless person whose application has been rejected, or who has withdrawn the application under examination, and has left or was removed from the territory of the responsible Member State as a result of a return decision or a removal order, who has made an application later in another Member State, shall be removed from the territories of the Member States without initializing a take back procedure under Art. 26 and Art. 30.

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Chapter 6 – section 4 – title

Procedures for take back ~~notification~~requests

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 26 – title

Submitting a take back ~~notification~~request

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 26 – paragraph 1

1. In a situation referred to in Article 20(1)(b), (c), (d) or (e) the Member State where the person is present shall make a take back ~~notification~~request at the latest within two weeks after receiving the Eurodac hit, and transfer that person to the Member State responsible .

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 26 – paragraph 2

2. A take back ~~notification~~request shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) and/or relevant elements from the statements of the person concerned.

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

3. The Member State responsible shall confirm immediately the receipt of the ~~notification~~request to the Member State which made the ~~notification~~request.

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 26 – paragraph 4

4. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back ~~notifications~~ requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 31 – paragraph 1

1. The costs necessary to transfer an applicant or another person as referred to in Article 20~~(1)(c), (d) or (e)~~ to the Member State responsible shall be met by the ~~transferring Member State~~general budget of the Union.

2017/04/04
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 34 – paragraph 2

2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than ~~150~~85% of the reference number for that Member State as determined by the key referred to in Article 35.

2017/05/05
Committee: LIBE

Filiz HYUSMENOVA

Proposal for a regulation
Article 35 – paragraph 3

3. The criteria referred to in paragraph 2 shall be applied by the formula as set out in Annex I., taking into account additionally the first entry position of the frontline Member States

2017/05/05
Committee: LIBE