73 Amendments of Brice HORTEFEUX related to 2016/0224(COD)
Amendment 192 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU
Amendment 193 #
Proposal for a regulation
Recital 1
Recital 1
(1) The objective of this RegulationDirective is to streamline, simplify and harmonisebring together the procedural arrangements of the Member States by establishing a common procedure for international protection in the Union. To meet that objective, a number of substantive changes are made to Directive 2013/32/EU of the European Parliament and of the Council22 and that Directive should be repealed and replaced by a Regulation. References to the repealed Directive shouldtherefore be replaced. References to Directive 2013/32/EEC shall be construed as references to this RegulationDirective. _________________ 22 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) (OJ L180, 29.6.2013, p. 60).
Amendment 202 #
Proposal for a regulation
Recital 6
Recital 6
(6) A common procedure for granting and withdrawing international protection should limit the secondary movements of applicants for international protection between Member States, where such movements would be caused by differences in legal frameworks, by replacing the current discretionary provisions withproposing more closely harmonised rules and by clarifying the rights and obligations of applicants and the consequences of non-compliance with those obligations, and create equivalent conditions for the application of Regulation (EU) No XXX/XXX (Qualification Regulation) in Member States.26 _________________ 26 THIS FOOTNOTE IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE.
Amendment 206 #
Proposal for a regulation
Recital 7
Recital 7
(7) This RegulationDirective should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States, and the withdrawal of international protection. Persons seeking international protection who are present on the territorial sea of a Member State should be disembarked on land and have their applications examined in accordance with this RegulationDirective.
Amendment 211 #
Proposal for a regulation
Recital 8
Recital 8
(8) This RegulationDirective should apply to applications for international protection in a procedure where it is examined whether the applicants qualify as beneficiaries of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). In addition to the international protection, the Member States may also grant under their national law other national humanitarian statuses to those who do not qualify for the refugee status or subsidiary protection status. In order to streamline the procedures in Member States, the Member States should have the possibility to apply this RegulationDirective also to applications for any kind of such other protection.
Amendment 213 #
Proposal for a regulation
Recital 9
Recital 9
(9) With respect to the treatment of persons falling within the scope of this RegulationDirective, Member States are bound by obligations under instruments of international law to which they are party .
Amendment 217 #
Proposal for a regulation
Recital 10
Recital 10
(10) The resources of the Asylum, Migration and Integration Fund should be mobilised to provide adequate support to Member States' efforts in applying this RegulationDirective, in particular to those Member States which are faced with specific and disproportionate pressures on their asylum and reception systems.
Amendment 221 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Union Agency for Asylum should provide Member State with the necessary operational and technical assistance in the application of this RegulationDirective, in particular by providing experts to assist national authorities to receive, register, and examine applications for international protection and by providing updated information on third countries, including country of origin information and guidance on the situation in specific countries of origin. When applying this RegulationDirective, Member States should take into account operational standards, indicators, guidelines and best practices developed by the European Union Agency for Asylum.
Amendment 230 #
Proposal for a regulation
Recital 13
Recital 13
(13) TBefore the determining authority takes a decision, the applicant should be provided withhave an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application, as appropriate. For the right to a personal interview to be effective, the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner. The applicant should be given sufficient and reasonable time to prepare and consult with his or her legal adviser or counsellor, and he or she may be assisted by the legal adviser or counsellor during the interview. The personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel, including where necessary, personnel from authorities of other Member States or experts deployed by the European Union Agency for Asylum. The personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control. Given that the personal interview is an essential part of the examination of the application, the interview should be recorded and the applicants and their legal advisers should be given access to the recording, as well as to the report or transcript of the interview before the determining authority takes a decision, or in the case of an accelerated examination procedure, at the same time as the decision is made.
Amendment 236 #
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. 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 RegulationDirective, 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 provided by persons competent to provide them under national law.
Amendment 244 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure that the identification of applicants in need of special 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 RegulationDirective 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 261 #
Proposal for a regulation
Recital 22
Recital 22
(22) Access to the common procedure should be based on a three-step approach consisting of the making, registering and lodging of an application. Making an application is the first step that triggers the application of this RegulationDirective. A third- country national or stateless person is considered to have made an application when expressing a wish to receive international protection from a Member State. Such a wish may be expressed in any form and the individual applicant need not necessarily use specific words such as international protection, asylum or subsidiary protection. The defining element should be the expression by the third county national or the stateless person of a fear of persecution or serious harm upon return to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence. In case of doubt whether a certain declaration may be construed as an application for international protection, the third-country national or stateless person should be expressly asked whether he or she wishes to receive international protection. The applicant should benefit from rights under this Regulation and Directive XXX/XXX/EU (Reception Conditions Directive)27 as soon as he or she makes an application. _________________ 27 OJ L […], […], p. […].
Amendment 283 #
Proposal for a regulation
Recital 26
Recital 26
(26) To be able to fulfil their obligations under this RegulationDirective, the personnel of the authorities responsible for receiving and registering applications should have appropriate knowledge and should receive the necessary training in the field of international protection, including with the support of the European Union Agency for Asylum. They should also be given the appropriate means and instructions to effectively perform their tasks.
Amendment 291 #
Proposal for a regulation
Recital 28
Recital 28
(28) This RegulationDirective should provide for the possibility that applicants lodge an application on behalf of their spouse, partner in a stable and durable relationship, dependant adults and minors. This option allows for the joint examination of those applications. The right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse, partner, dependant adult or minor within the set time-limit for lodging an application, the spouse or partner may still do in his or her own name, and the dependant adult or minor should be assisted by the determining authority. However, if a separate application is not justified, it should be considered as inadmissible.
Amendment 294 #
Proposal for a regulation
Recital 29
Recital 29
(29) To ensure that unaccompanied minors have effective access to the procedure, they should always be appointed a guardian. The guardian should be a person or a representative of an organisation appointed to assist and guide the minor through the procedure with a view to safeguard the best interests of the child as well his or her general well-being. Where necessary, the guardian should exercise legal capacity for the minor. In order to provide effective support to the unaccompanied minors, guardians should not be placed in charge of a disproportionalimited number of unaccompanied minors at the same time. Member States should appoint entities or persons responsible for the support, supervision and monitoring of the guardians in the performance of their tasks. An unaccompanied minor should lodge an application in his or her own name or through the guardian. In order to safeguard the rights and procedural guarantees of an unaccompanied minor, the time-limit for him or her to lodge an application should start to run from when his or her guardian is appointed and they meet. Where the guardian does not lodge the application within the set time limit, the unaccompanied minor should be given an opportunity to lodge the application on his or her name with the assistance of the determining authority. The fact that an unaccompanied minor chooses to lodge an application in his or her own name should not preclude him or her from being assigned a guardian.
Amendment 298 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to guarantee the rights of the applicants, decisions on all applications for international protection should be taken on the basis of the facts, objectively, impartially and on an individual basis after a thorough examination which takes into account all the elements provided by the applicant and the individual circumstances of the applicant. To ensure a rigorous examination of an application, the determining authority should take into account relevant, accurate and up-to-date information relating to the situation in the country of origin of the applicant obtained from the European Union Agency for Asylum and other sources such as the United Nations High Commissioner for Refugees. The determining authority should also take into account any relevant common analysis of country of origin information developed by the European Union Agency for Asylum. Any postponement of concluding the procedure should fully comply with the obligations of the Member States under Regulation (EU) No XXX/XXX (Qualification Regulation) and with the right to good administration, without prejudice to the efficiency and fairness of the procedure under this RegulationDirective.
Amendment 330 #
Proposal for a regulation
Recital 39
Recital 39
(39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are serious national security or public concerns, such as membership of a criminal or terrorist organisation, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations. Furthermore, an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation. This accelerated examination should ensure swift return of third country nationals who are declared ineligible for international protection.
Amendment 340 #
Proposal for a regulation
Recital 41
Recital 41
(41) The notion of public order may, inter alia, cover a conviction of having committed a serious crime. The notions of national security and public order also covers serious crimes, such association with a criminal organisation, acts of terrorism, and trafficking in human beings.
Amendment 360 #
Proposal for a regulation
Recital 45
Recital 45
(45) A key consideration as to whether an application for international protection is well-founded is the safety of the applicant in his or her country of origin. Having regard to the fact that Regulation (EU) No XXX/XXX (Qualification Regulation) aims to achieve a high level of convergence on the qualification of third- country nationals and stateless persons as beneficiaries of international protection, this RegulationDirective establishes common criteria for designating third countries as safe countries of origin and, in view of the need to strengthen the application of the safe country of origin concept as an essential tool to support the swift processing of applications that are likely to be unfounded, this RegulationDirective sets out an EU common list of safe countries of origin.
Amendment 369 #
Proposal for a regulation
Recital 47
Recital 47
(47) As regards the designation of safe third countries at Union level, this RegulationDirective provides for having such a designation. Third countries should be designated as safe third countries at Union level by means of an amendment to this RegulationDirective based on the conditions set out in this Regulation and after carrying out a detailed evidence-based assessment involving substantive research and broad consultation with Member States and relevant stakeholders.
Amendment 395 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission, with the assistance of the European Union Agency for Asylum, should regularly review the situation in third countries that have been removed from the EU common list of safe countries of origin or safe third countries, including where a Member State notifies the Commission that it considers, based on a substantiated assessment, that, following changes in the situation of that third country, it fulfils again the conditions set out in this RegulationDirective for being designated as safe. In such a case, Member States could only designate that third country as a safe country of origin or a safe third country at the national level as long as the Commission does not raise objections to that designation. Where the Commission considers that these conditions are fulfilled, it may propose an amendment to the designation of safe third countries at Union level or to the EU common list of safe countries of origin so as to add the third country.
Amendment 414 #
Proposal for a regulation
Recital 59
Recital 59
(59) This RegulationDirective is without prejudice to Member States' position on the status of Kosovo, which will be decided in accordance with their national practice and international law. In addition, none of the terms, wording or definitions used in this RegulationDirective constitute recognition of Kosovo by the Union as an independent State nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not taken such a step. In particular, the use of the term "countries" does not imply recognition of statehood.
Amendment 435 #
Proposal for a regulation
Recital 65
Recital 65
(65) For an applicant to be able to exercise his or her right to an effective remedy, he or she should be allowed to remain on the territory of a Member State until the time-limit for lodging a first level of appeal expires, and when such a right is exercised within the set time-limit, pending the outcome of the remedy. It is only in limited cases set out in this RegulationDirective that the suspensive effect of an appeal is not automatic and where the applicant would need to request the court or tribunal to stay the execution of a return decision or the court would act of its own motion to this effect. Where an exception is made to the right to a remedy with automatic suspensive effect, the applicant's rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance, as well as by allowing sufficient time for the applicant to prepare and submit his or her request to the court or tribunal. Furthermore, in this framework, the court or tribunal should be able to examine the decision refusing to grant international protection in terms of fact and law. The applicant should be allowed to remain on the territory pending the outcome of the procedure to rule on whether or not he or she may remain. However, that decision should be taken within one month.
Amendment 437 #
Proposal for a regulation
Recital 67
Recital 67
(67) In accordance with Article 72 of the Treaty on the Functioning of the European Union, this Regulation (TFEU), this Directive does not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.
Amendment 445 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to ensure uniform conditions for the implementation of this RegulationDirective, in particular as regards the provision of information, documents to the applicants and measures concerning applicants in need of special 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 449 #
Proposal for a regulation
Recital 72
Recital 72
(72) In order to address sudden changes for the worse in a third country designated as a safe third country at Union level or included in the EU common list of safe countries of origin, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a period of six months where the Commission considers, on the basis of a substantiated assessment, that the conditions set by this RegulationDirective are no longer met. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement on Better Law- Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 451 #
Proposal for a regulation
Recital 73
Recital 73
(73) This RegulationDirective does not deal with procedures between Member States governed by Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 453 #
(74) This RegulationDirective should apply to applicants to whom Regulation (EU) No XXX/XXX (Dublin Regulation) applies, in addition and without prejudice to the provisions of that Regulation.
Amendment 456 #
Proposal for a regulation
Recital 75
Recital 75
(75) The applicimplementation of this RegulationDirective should be evaluated at regular intervals.
Amendment 458 #
Proposal for a regulation
Recital 76
Recital 76
(76) Since the objective of this Regulation, namely to establish a common procedure for granting and withdrawing international protection, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarIn accordance with the principle of proportionality, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation, this Directive does not go beyond what is necessary in order to achieve thatits objectives.
Amendment 460 #
Proposal for a regulation
Recital 77 – paragraph 1
Recital 77 – paragraph 1
[In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this RegulationDirective]
Amendment 462 #
Proposal for a regulation
Recital 77 – paragraph 3
Recital 77 – paragraph 3
[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this RegulationDirective and are not bound by it or subject to its application.]
Amendment 464 #
Proposal for a regulation
Recital 77 – paragraph 5
Recital 77 – paragraph 5
Amendment 466 #
Proposal for a regulation
Recital 77 – paragraph 6
Recital 77 – paragraph 6
Amendment 468 #
Proposal for a regulation
Recital 77 – paragraph 8
Recital 77 – paragraph 8
[(XX) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the adoption and application of this RegulationDirective.
Amendment 470 #
Proposal for a regulation
Recital 77 – paragraph 9
Recital 77 – paragraph 9
Amendment 472 #
Proposal for a regulation
Recital 78
Recital 78
(78) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this RegulationDirective and is not bound by it or subject to its application.
Amendment 473 #
Proposal for a regulation
Recital 79
Recital 79
(79) This RegulationDirective respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this RegulationDirective seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 8, 18, 19, 21, 23, 24, and 47 of the Charter.
Amendment 476 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This RegulationDirective establishes a common procedure for granting and withdrawing international protection referred to in Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 478 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This RegulationDirective applies to all applications for international protection made in the territory of the Member States, including at the external border, in the territorial sea or in the transit zones of the Member States, and to the withdrawal of international protection.
Amendment 481 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This RegulationDirective does not apply to applications for international protection and to requests for diplomatic or territorial asylum submitted to representations of Member States.
Amendment 484 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States may decide to apply this RegulationDirective to applications for protection to which Regulation (EU) No XXX/XXX (Qualification Regulation) does not apply.
Amendment 487 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. For the purposes of this RegulationDirective, the following definitions referred to in Article 2 of Regulation (EU) No XXX/XXX (Qualification Regulation) apply:
Amendment 499 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) 'applicant in need of special procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this RegulationDirective is limited due to individual circumstances;
Amendment 512 #
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) 'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this RegulationDirective and exercising legal capacity for the minor where necessary;
Amendment 525 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall provide the determining authorityies with appropriate means, including sufficient competent and trained personnel to carry out its tasks in accordance with this Regulation. For that purpose, each Member State shall regularly assess the needs of the determining authority to ensure that it is always in a position to deal with applications for international protection in an effective manner, particularly when receiving a disproportionate number of simultaneous applications.
Amendment 529 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
The following authorities shall have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection:
Amendment 535 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point a a (new)
Article 5 – paragraph 3 – subparagraph 1 – point a a (new)
(a a) the determining authority
Amendment 540 #
Member States may entrust also other authorities with those tasks. Where the application is received by an authority without the power to register it, that authority shall inform the applicants where and how to apply for international protection.
Amendment 541 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. In each Member State an authority or authorities shall be responsible for: (a) registering applications for international protection; (b) dealing with cases in accordance with Regulation (EU) No xxx/xxxx [Dublin Regulation] (c) granting or refusing permission to enter in the framework of the procedure provided for in Article 41 of this Directive, subject to the conditions as set out therein and on the basis of the reasoned opinion of the determining authority.
Amendment 544 #
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. The determining authorityies of the Member State responsible may be assisted for the purpose of receiving, registering and examining applications for international protection by:
Amendment 556 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this RegulationDirective.
Amendment 560 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The authorities applying this RegulationDirective shall safeguard the confidentiality of any information they obtain in the course of their work.
Amendment 648 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Applicants shall have the rightbe authorised to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a decision in accordance with the administrative procedure provided for in Chapter III.
Amendment 655 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 666 #
Proposal for a regulation
Article 10
Article 10
Amendment 673 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be given the opportunity of a substantive interview on his or her application with a person empowered under national law to conduct such an interview.
Amendment 678 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In the substantive interview, the applicant shall be given an adequate theopportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and he or she shall provide all the elements at his or her disposal as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’s statements.
Amendment 696 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1 – introductory part
Article 12 – paragraph 5 – subparagraph 1 – introductory part
The personal interview may be omitted in the following situationssubstantive interview on the application may be omitted where the determining authority:
Amendment 726 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where the application is examined in accordance with the accelerated examination procedure, the determining authority may grant access to the report or the transcript of the recording atfrom the same time ast which the decision is made.
Amendment 997 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
Amendment 1145 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The determining authority shall 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 1233 #
Proposal for a regulation
Article 40 – paragraph 1 – point c
Article 40 – paragraph 1 – point c
(c) the applicant has misled the authorities by presenting false information or false or forged documents or by withholding relevant information or documents with respect to his or her identity, age or nationality that could have had a negative impact on the decision;
Amendment 1236 #
Proposal for a regulation
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) the applicant is making an application merelysolely in order to delay or frustrate the enforcement of an earlier or imminent decision resulting in his or her removal from the territory of a Member State;
Amendment 1280 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The determining authority mayshall, in accordance with the basic principles and guarantees provided for in Chapter II, take a decision on an application at the border or in transit zones of the Member State on:
Amendment 1300 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – introductory part
Article 41 – paragraph 5 – subparagraph 1 – introductory part
The border procedure may be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where:
Amendment 1575 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
This RegulationDirective does not affect the possibility for public authorities tof challengeing the administrative or judicial decisions as provided for in national legislation.
Amendment 1580 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
By [two years from entry into force of this RegulationDirective] and every five years thereafter, the Commission shall report to the European Parliament and the Council on the application of this RegulationDirective in the Member States and shall, where appropriate, propose any amendments.
Amendment 1585 #
Proposal for a regulation
Article 60 a (new)
Article 60 a (new)
Amendment 1586 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Directive 2013/32/EU is repealed for the Member States bound by this Directive, without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of the Directive.
Amendment 1588 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
This RegulationDirective shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 1590 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 1592 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3