15 Amendments of Jeroen LENAERS related to 2015/0211(COD)
Amendment 41 #
Proposal for a regulation
Recital 4
Recital 4
(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. This common list of safe countries of origin should make it easier for countries facing high migratory to process asylum requests. The accelerated processing of asylum applications from nationals of safe countries of origin will make it easier and faster for Member States to focus on giving international protection to those who need it most. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulationwhen the EU list is comprehensive enough to replace the national lists, on the basis of a report to be presented by the Commission.
Amendment 47 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Member States should make sure that the national lists of safe countries of origin and the EU common list are consistent with one another. A country withdrawn or suspended from the EU common list should not be considered a safe country of origin at national level.
Amendment 48 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In view of the harmonisation of national lists of safe countries of origin, the Commission should carry out regular studies on migration flows in the Member States, the admissibility of international protection requests and the effectiveness of returns to make sure that the EU common list of safe countries of origin is complete and effective. The Commission should then draw up a proposal to enlarge the common list of safe countries of origin, on the basis of a range of information sources at its disposal, in particular EEAS reports and information provided by the Member States, EASO, the UNHCR, the Council of Europe and other relevant international organisations, if the studies indicate that this is appropriate.
Amendment 50 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The Member States should be able to send the Commission proposals for countries to be added to the common list of safe countries of origin. The Commission should examine those proposals within six months of their submission, on the basis of a range of information sources at its disposal, in particular EEAS reports and information provided by the Member States, EASO, the UNHCR, the Council of Europe and other relevant international organisations. If it decides that a third country can be added to the list, the Commission should draw up a proposal to enlarge the EU common list of safe countries of origin.
Amendment 51 #
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) The Commission must ensure that, for every third country on the EU common list of safe countries of origin, there is an efficient EU return policy with readmission agreements that must be complied with fully for EU aid to be sent to those countries.
Amendment 52 #
Proposal for a regulation
Recital 4 e (new)
Recital 4 e (new)
(4e) When negotiating readmission agreements between the EU and a third country, the Commission should consider adding that country to the common list of safe countries of origin. The Commission should then draw up a reasoned assessment of that country’s compliance with the conditions set out under Annex I of Directive 2013/32/EU.
Amendment 60 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 68 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Whereas third countries that have been granted candidate membership status for accession to the European Union should be expected to fulfil the conditions that are required to be considered a safe country of origin.
Amendment 77 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Third countries that have acquired candidate membership status for accession to the European Union should be considered safe countries of origin.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure. A third country which is withdrawn or suspended from the EU common list shall no longer be considered a safe country of origin in the national lists.
Amendment 89 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of sudden changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if those conditions are no longer met, shall adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one year or less.
Amendment 96 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. If, during the suspension period, it becomes clear from the available information that the situation in the third country has stabilised, the Commission can take the decision to lift the suspension of that country from the common list of safe countries of origin. The Council and European Parliament shall be kept informed.
Amendment 99 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Directive 2013/32/EU
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection. They are responsible for making sure that the national lists of safe countries of origin and the EU common list are consistent with one another.