63 Amendments of Nadine MORANO related to 2020/0279(COD)
Amendment 180 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence oflimit internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third- country nationals.
Amendment 194 #
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to ensure the effective return of illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 254 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.
Amendment 312 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 324 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 336 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 345 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 360 #
Proposal for a regulation
Recital 22
Recital 22
(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. WherThe Member States contributions are insufficient to provide for a sustainable solidarity responseshould have the choice of refusing to accept any relocations. In such cases, the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, ibutions to be provided in other areas by way of a response based on solidarity and sustainability, in particular through return sponsorship.
Amendment 401 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 421 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States alsoin particular in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 432 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.
Amendment 435 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 514 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to limitbring an end to unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State than the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.
Amendment 516 #
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) In order to bring an end to unauthorised movements, this Regulation should provide for the invalidity of an application for international protection where the applicant has made an unauthorised movement or absconded.
Amendment 517 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 535 #
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration oftaken into account by Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security consideratddition, specific procedures should be implemented to combat the perversions and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerabilityabuse of the status of unaccompanied minor, particularly by introducing systematic bone testing, in order to dismiss the most manifestly unfounded applications.
Amendment 546 #
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family life should be a primarytaken into consideration ofby Member States when applying this Regulation.
Amendment 561 #
Proposal for a regulation
Recital 47
Recital 47
Amendment 582 #
Proposal for a regulation
Recital 49
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international profor proving the existence of a family should be based on the production of original documentary evidence and DNA tecstiong.
Amendment 624 #
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or as soon as he or she absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEAS.
Amendment 648 #
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regular home detention of applicants throughout the examination of their application should be the rule, and their free movement the exception.
Amendment 661 #
Proposal for a regulation
Recital 61
Recital 61
(61) In accordance with Commission Regulation (EC) No 1560/200345, 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 person concerned 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. _________________ 45Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, OJ L 222, 5.9.2003, p. 3.
Amendment 716 #
Proposal for a regulation
Recital 74
Recital 74
(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor, but also the assessment of his or her age; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. 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 Interinstitutional 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 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 848 #
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) ‘unauthorised movement’ means an irregular movement by applicants while their applications are being examined by the Member State responsible;
Amendment 850 #
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in Chapters I-III of Part IV of this Regulation;
Amendment 871 #
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
Amendment 915 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration andmeasures to tackle irregular migration and its root causes, measures to combat migrant smuggling, and enhancing cooperationmeasures on readmission;
Amendment 954 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea;
Amendment 1037 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the effective return of those who are illegally staying;
Amendment 1074 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) take all reasonable and proportionate measures to prevent and correctuseful measures to put an end to unauthorised movements between Member States.
Amendment 1263 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. An unauthorised movement by the applicant shall automatically result in the invalidation of his or her application for international protection.
Amendment 1383 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. 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. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representative and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may requestshall not be entitled to be interviewed andor assisted by staff of the same sex.
Amendment 1399 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The best interests of the child shall be a primarytaken into consideration forby Member States with respect to all procedures provided for in this Regulation.
Amendment 1400 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Persons seeking to gain the status of a minor or an unaccompanied minor shall undergo bone testing for the purpose of excluding the most manifestly unfounded applications. Any refusal to undergo this testing shall mean that such a status is not recognised. These provisions shall not apply in cases where the person’s age can be substantiated by means of formal and incontrovertible evidence such as a genuine identity card.
Amendment 1425 #
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factors:.
Amendment 1427 #
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
Amendment 1433 #
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
Amendment 1443 #
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
Amendment 1455 #
Proposal for a regulation
Article 13 – paragraph 4 – point d
Article 13 – paragraph 4 – point d
Amendment 1460 #
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
Amendment 1471 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] 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 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1524 #
Proposal for a regulation
Article 15 – paragraph 6 – point a
Article 15 – paragraph 6 – point a
(a) the identification of family members or relatives of unaccompanied minors, as well as an assessment of the age of these latter;
Amendment 1828 #
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 2
Article 33 – paragraph 3 – subparagraph 2
A decision not to suspend the implementation of the transfer decision shall state the reasons on which it is based.
Amendment 1857 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall notmay hold a person in detention or place him or her under house arrest for the sole reason that he or she is subject to the procedure established by this Regulation.
Amendment 1862 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 2096 #
Proposal for a regulation
Article 47
Article 47
Amendment 2106 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 2109 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 2113 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2117 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2131 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 2136 #
Proposal for a regulation
Article 48
Article 48
Amendment 2145 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Amendment 2150 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 2152 #
Proposal for a regulation
Article 48 – paragraph 2 – point a
Article 48 – paragraph 2 – point a
Amendment 2158 #
Proposal for a regulation
Article 48 – paragraph 2 – point b
Article 48 – paragraph 2 – point b
Amendment 2162 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Amendment 2167 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
Amendment 2171 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 3
Article 48 – paragraph 2 – subparagraph 3
Amendment 2174 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 2175 #
Proposal for a regulation
Article 49
Article 49
Amendment 2434 #
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1a. A Member State may refuse to take part in the relocation measures. In this case, it must put in place other solidarity measures.
Amendment 2597 #
Proposal for a regulation
Annex I
Annex I