254 Amendments of Ska KELLER related to 2016/0224(COD)
Amendment 198 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Common European Asylum System is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the Common European Asylum System, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants and beneficiaries of international protection. These divergences are important drivers of secondary movements and undermine the objective of ensuring that in a Common European Asylum System all applicants are equally treated wherever they apply in the Union.
Amendment 203 #
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 frameworkscreate incentives for applicants to remain and integrate in the territory of the Member State responsible to examine their asylum application, by replacing the current discretionary provisions with 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 205 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation 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. PIn accordance with the principle of non- refoulement, 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 Regulation.
Amendment 216 #
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 Regulation, in particular to those Member States which are faced with specific and disproportionate pressures on their asylum and reception systems. Adequate funding shall be made available to local and regional authorities and international and civil society organisations, including through the possibility for local and regional authorities to directly access the Asylum Migration and Integration Fund (AMIF).
Amendment 220 #
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 Regulation, 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 Regulation, Member States should take into account operational standards, indicators, guidelines and best practices developed by the European Union Agency for Asylum.
Amendment 223 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to the procedure, the opportunity to cooperate and properly communicate with the responsible authorities so as to present the relevant facts of his or her case and sufficient procedural guarantees and access to free legal assistance to pursue his or her case throughout all stages of the procedure.
Amendment 228 #
Proposal for a regulation
Recital 13
Recital 13
(13) The applicant should be provided with 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 orand 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 a legal representative or counsellor 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 time to prepare and consult with his or her legal adviser or counsellor, and he or she mayshould 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 232 #
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 at all stages of the procedure. 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 Regulation, be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure, including during personal interviews, and in the appeal procedure. Applicants should have the right to an effective remedy before a court or tribunal against a decision not to grant free legal assistance and Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant's effective access to justice is not hindered. The free legal assistance and representation should be provided by persons competent to provide them under national law.
Amendment 245 #
Proposal for a regulation
Recital 17
Recital 17
(17) Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure, an aApplicants in need of special procedural guarantees should be exempted from those procedures. The need for special procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect, with a view to making the remedy effective in his or her particular circumstancaccelerated and border procedures.
Amendment 252 #
Proposal for a regulation
Recital 19
Recital 19
(19) When, in the framework of an application being processedfor security purposes, the applicant is searched, that search should be carried by a person of the same sex. This should be without prejudice to a search carried out, for security reasons, on the basis of national law.
Amendment 255 #
Proposal for a regulation
Recital 20
Recital 20
(20) The best interests of the child should be a primary consideration of Member States when applying this Regulation, in accordance with Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child. 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, including his or her background. In view of Article 12 of the United Nations Convention on the Rights of the Child concerning the child's right to be heard, the determining authority shall provide a minor the opportunity of a personal interview unless this is manifestly not in the minor's best interests. Border, admissibility and accelerated procedures should never be applied to unaccompanied minors. Minors should never be detained as part of border procedures, at transit zones, external borders or at any stage during the determination of their asylum application.
Amendment 258 #
Proposal for a regulation
Recital 21
Recital 21
(21) The common procedure streamlines the time-limits for an individual to accede to the procedure, for the examination of the application by the determining authority as well as for the examination of first level appeals by judicial authorities. Whereas a disproportionate number of simultaneous applications may risk delaying access to the procedure and the examination of the applications, a measure of flexibility to exceptionally extend those time-lines may at times be needed. However, to ensure an effective process, extending those time- limits should be strictly limited and a measure of last resort considering that Member States should regularly review their needs to maintain an efficient asylum system, including by preparing contingency plans where necessary, and considering that the European Union Agency for Asylum should provide Member States with the necessary operational and technical assistance. Where Member States foresee that they would not be able to meet the set time-limits, they should request assistance from the European Union Agency for Asylum. Where no such request is made, and because of the disproportionate pressure the asylum system in a Member State becomes ineffective to the extent of jeopardising the functioning of Common European Asylum System, the Agency may, based on an implementing decision of the Commission, take measures in support of that Member State.
Amendment 259 #
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 Regulation. 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. The applicant should be given a document which certifies his or her status as an applicant and which should be valid for the duration of his or her right to remain on the territory, at the time when the application is made and at the latest at the time of registration. _________________ 27 OJ L […], […], p. […].
Amendment 266 #
Proposal for a regulation
Recital 23
Recital 23
(23) An application should be registered as soon as it is made. At this stage, the authorities responsible for receiving and registering applications, including border guards, police, immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant. The applicant's lack of documentation should not prevent Member States from carrying out the registration procedures. Those authorities should inform the applicant of his or her rights and obligations, as well as the consequences for the applicant in case of non-compliance with those obligations. The applicant should be given a document certifying that an application has been made. The time limit for lodging an application starts to run from the moment an application is registered.
Amendment 271 #
Proposal for a regulation
Recital 24
Recital 24
(24) The lodging of the application is the act that formalises the application for international protectionof submitting all relevant elements at the applicant's disposal in accordance with [Article 4(1) of the Qualification Regulation]. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so. At this stage he or she is required to submit all the elements at his or her disposal needed to substantiate and complete the application. The time-limit for the administrative procedure starts to run from the moment an application is lodged. At that time, the applicant should be given a document which certifies his or her status as an applicant, and which should be valid for the duration of the his or her right to remain on the territory of the Member State responsible for examining the application.
Amendment 275 #
Proposal for a regulation
Recital 25
Recital 25
(25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national authorities by not providing the elements necessary for the examination of the applicatioin a concise, transparent, intelligible and easily accessible form, using clear and plain land by not providing his or her fingerprints or facial image, or fails to lodge his or her application within the set time limit, the application could be rejected as abandoned, it is necessary that the applicant be informed of the consequences for not complying with those obligationsguage. Children should be provided information in a child-friendly manner and in a language they understand by appropriately trained staff.
Amendment 285 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate access to the procedure at border crossing points and in detention facilities, information should be made available on the possibility to apply for international protection. Basic communication necessary to enable the competent authorities to understand if persons declare their wish to receive international protection should be ensured through interpretation arrangements. Legal representatives and civil society organisations providing legal services or counselling or psychological counselling should always be allowed to access detention facilities, border crossing points and transit zones.
Amendment 290 #
Proposal for a regulation
Recital 28
Recital 28
(28) This Regulation 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 299 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons for the decision and information on the consequences of the decision as well as the manner in which to challenge that decision. Without prejudice to the applicant's right to remain, including until the time limit within which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time limit, pending the outcome of the remedy, and to the principle of non-refoulement, such a decision may include, or may be issued together with, a return decision issued in accordance with Article 6 of Directive 2008/115/EC of the European Parliament and of the Council.28 _________________ 28 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 308 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 315 #
Proposal for a regulation
Recital 36
Recital 36
(36) TMember States may apply the concept of first country of asylum should be applied as a ground for inadmissibilitduring the examination of an application only where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the Geneva Convention orand the applicant would be provided sufficienteffective protection in that country. In particular, the Member States should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection. Member States should proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, and on reports by independent organisations, that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the Geneva Convention or has otherwise enjoyed and will continue to enjoy sufficient protection, particularly as regardsparticularly as regards the principle of non-refoulement, the right to liberty and due process, the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, means of subsistence sufficient to maintain an adequate standard of living, privacy and the right to family reunification in accordance with international human rights standards.
Amendment 317 #
Proposal for a regulation
Recital 37
Recital 37
(37) TMember States may apply the concept of safe third country should be applied as a ground for inadmissibilitduring the examination of an application only where the applicant, due to a meaningful connection to the third country including one through which he or she has transitedfollowing the existence of family ties or previous long-term residence and integration in the territory of a third country, can reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country. Member States shouldSuch a link may not be derived from the mere fact that the applicant has transited through the country concerned. Member States might proceed on that basis only where they are satisfied including, where necessary or appropriate, based onbased on individual and specific assurances obtained from the third country concerned, that the applicant will have the possibility to receive protection in accordance with the substantive standards of the 1951Geneva Convention or will enjoy sufficient protection, particularly as regards, particularly as regards the principle of non- refoulement, the right to liberty and due process, the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, means of subsistence sufficient to maintain an adequate standard of living, privacy and the right to family reunification in accordance with international human rights standards.
Amendment 323 #
Proposal for a regulation
Recital 38
Recital 38
(38) An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). There need not be an examination on the merits where an application should be declared as inadmissible in accordance with this Regulation. However, where from a prima facie assessment it is clear that an application may be rejected as manifestly unfounded, the application may be rejected on that ground without examining its admissibility.
Amendment 326 #
Proposal for a regulation
Recital 39
Recital 39
(39) The examination of an application shouldmay 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, 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 Regulationlikely to be well- founded. An accelerated examination procedure may be not applied to unaccompanied minors except where an application is likely to be well founded.
Amendment 334 #
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than fourtwo weeks and after that period applicants should be allowed entry to the territory of the Member State. It is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone, that the border procedure may be applied at locations in proximity to the border or transit zone. A border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this RegulationA border procedure may not be applied to unaccompanied minors.
Amendment 344 #
Proposal for a regulation
Recital 42
Recital 42
(42) As long as an applicant can show good cause, tThe lack of documents on entry or, the use of forged documents or the refusal to carry out a medical examination should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure negative determination on the application for international protection.
Amendment 346 #
Proposal for a regulation
Recital 43
Recital 43
(43) Where an applicant either explicitly withdraws his or her application of his or her own motion, or does not comply with the obligations arising from this Regulation, Regulation (EU) No XXX/XXX (Dublin Regulation) or Directive XXX/XXX/EU (Reception Conditions Directive) thereby implicitly withdraws his or her application, the application should not be further examined and it should be rejected as explicitly withdrawn or abandoned, and any application in the Member States by the same applicant further after that decision should be considered to be a subsequent application. However, the implicit withdrawal should not be automatic but the applicant should be allowed the opportunity to report to the determining authority and demonstrate that the failure to comply with those obligations was due to circumstances beyond his controlthe application should not be further examined and it should be rejected as explicitly withdrawn.
Amendment 353 #
Proposal for a regulation
Recital 44
Recital 44
(44) Where an applicant makes a second or further subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. In those cases, following a preliminary examination, applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success, in accordance with the res judicata principle. The preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success. In case of a second or further subsequent applications, exceptions may be made to the individual's right to remain on the territory of a Member State after a subsequent application is rejected as inadmissible or unfounded, or in the case of a second or further subsequent applications, as soon as an application is made in any Member States following a final decision which had rejected a previous subsequent application as inadmissible, unfounded or manifestly unfounded.
Amendment 357 #
Amendment 362 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 366 #
Proposal for a regulation
Recital 47
Recital 47
Amendment 372 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 379 #
Proposal for a regulation
Recital 49
Recital 49
Amendment 384 #
Amendment 387 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 391 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 397 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 398 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 401 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 404 #
Proposal for a regulation
Recital 56
Recital 56
Amendment 408 #
Proposal for a regulation
Recital 57
Recital 57
Amendment 411 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 413 #
Proposal for a regulation
Recital 59
Recital 59
Amendment 416 #
Proposal for a regulation
Recital 60
Recital 60
Amendment 419 #
Proposal for a regulation
Recital 61
Recital 61
Amendment 423 #
Proposal for a regulation
Recital 62
Recital 62
Amendment 425 #
Proposal for a regulation
Recital 63
Recital 63
Amendment 430 #
Proposal for a regulation
Recital 64
Recital 64
(64) Decisions taken on an application for international protection, including the decisions concerning the explicit or implicit withdrawalwithdrawal or discontinuation of an application, and the decisions on the withdrawal of refugee or subsidiary protection status should be subject to an effective remedy before a court or tribunal in compliance with all requirements and conditions laid down in Article 47 of the Charter. To ensure the effectiveness of the procedure, the applicant should lodge his or her appeal within a set time-limit. For the applicant to be able to meet those time- limits and with a view to ensuring effective access to judicial review, he or she should be able to be assisted by an interpreter as well as be entitled to free legal assistance and representation.
Amendment 433 #
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 Regulation 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 446 #
Proposal for a regulation
Recital 72
Recital 72
Amendment 454 #
Proposal for a regulation
Recital 75
Recital 75
(75) The application of this Regulation should be evaluated at regular intervals. in particular in relation to the application of Section III of this Regulation.
Amendment 485 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a More favourable provisions Member States may introduce or retain more favourable standards on procedures for granting and withdrawing international protection, insofar as those standards are compatible with this Regulation.
Amendment 495 #
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(b a) 'registering' of an application for international protection means the recording of the personal details, including fingerprints and a facial image in accordance with [Article 10(1) of the Eurodac Regulation] of an applicant for international protection, which formalises the application for international protection;
Amendment 496 #
Proposal for a regulation
Article 4 – paragraph 2 – point b b (new)
Article 4 – paragraph 2 – point b b (new)
(b b) 'lodging' of an application for international protection means the submission of elements available to the applicant which substantiate the application for international protection in accordance with [Article 4(1) of the Qualification Regulation];
Amendment 497 #
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 Regulation is limited due to individual circumstances or specific vulnerabilities;
Amendment 502 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(c a) 'stateless person' means an individual who is not considered as a national by any state under its national law;
Amendment 509 #
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) 'determining authority' means any judicial, quasi-judicial or administrative body in a Member State responsible for examining applications for international protection competent to take decisions at first instance;
Amendment 514 #
(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 Regulation and exercising legal capacity for the minor where necessary;
Amendment 519 #
Proposal for a regulation
Article 4 – paragraph 2 – point i
Article 4 – paragraph 2 – point i
(i) 'subsequent application' means a second or further application for international protection made in any Member State after a final decision has been taken on aprevious applications based on the same elements in fact and in law as previous applications, including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal;
Amendment 521 #
Proposal for a regulation
Article 4 – paragraph 2 – point j a (new)
Article 4 – paragraph 2 – point j a (new)
(j a) 'meaningful connection with a third country' means the existence of family or cultural ties or previous long- term residence and integration in the territory of a third country, according to which an applicant may reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country.A meaningful connection shall not be derived from the mere fact that the applicant has transited through a third country.
Amendment 522 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) processing and taking decisions on cases pursuant to Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 524 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall provide the determining authority with appropriate means, including sufficient competent personnel and appropriate training 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 disproportionately high number of simultaneous applications.
Amendment 527 #
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.Under no circumstances shall these authorities have the power to decide on the admissibility and the merits of an application for international protection:
Amendment 538 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point d
Article 5 – paragraph 3 – subparagraph 1 – point d
(d) authorities responsible for detention or reception facilities.
Amendment 545 #
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. The determining authority of the Member State responsible may be assisted for the purpose of receiving, and registering and examining applications for international protection by:
Amendment 548 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
Amendment 554 #
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 and 4, have the appropriate knowledge and are provided with the necessary training pursuant to Article 7 of Regulation (EU) XXX/XXX (EU Asylum Agency Regulation) and instructions to fulfil their obligations when applying this Regulation.
Amendment 566 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The applicant shall make his or her application in the Member State of first entry or, where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 ofccordance with Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 576 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) lodging his or her application in accordance with Article 28 within the set time-limit and submitting all elements at his or her disposal needed to substantiate his or her application;
Amendment 582 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or referred to in the points (a) and (b) of ther fingerprints and facial imagerst paragraph of Article 27(1), and the responsible authorities have properly informed that person of his or her obligations and the consequences deriving from those obligations and has ensured that that person has had an effective opportunity to comply with those obligations, his or her application shall be rejected as abandonmay be discontinued in accordance with the procedure referred to in Article 39. Any use of force in collecting fingerprints or facial images shall be prohibited and penalised.
Amendment 590 #
4. The applicant shall inform the determining authority of the Member State in which he or she ihas required to be presentgistered an application for international protection of his or her place of residence or address or a telephone number or email address where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.
Amendment 592 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 593 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 599 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Where it is necessary for the examination of an application, tThe applicant may be required by the responsible authorities to be searched or have his or her items searched. Without prejudice to any search carried out only for security reasons, a. A search of the applicant's person under this Regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity.
Amendment 603 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. Applicants shall enjoy the right to free legal assistance and representation at all stages of the procedure pursuant to Section III of this Regulation.
Amendment 604 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. Applicants shall be guaranteed the right to a substantive interview on their application in accordance with Article 11 of this Regulation and, where applicable, the right to an admissibility interview in accordance with Article 10 of this Regulation.
Amendment 606 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understandin a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
Amendment 614 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point c
Article 8 – paragraph 2 – subparagraph 1 – point c
(c) their rights and obligations during the procedure, including of the obligation to remain in the territory of the Member State in which they are required to be present in accordance withright to family reunification and procedures pursuant to Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 618 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point g
Article 8 – paragraph 2 – subparagraph 1 – point g
(g) the consequences of an explicit or implicit withdrawal of the application or its discontinuation;
Amendment 620 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point h
Article 8 – paragraph 2 – subparagraph 1 – point h
(h) the outcome of the decision of the determining authority, the reasons for that decision, as well as the consequence of a decision refusing to grant international protection and the deadlines and manner in which to challenge such a decision.
Amendment 625 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The information referred to in the first paragraph shall be given in good timewhen making an application and at the latest when registering the application to enable the applicants to exercise the rights guaranteed in this Regulation and for them to adequately comply with the obligations set out in Article 7.
Amendment 626 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Children shall be provided information in a child-friendly manner and in a language they understand by appropriately trained staff.
Amendment 632 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. The European Asylum Agency shall draw up common information material containing at least the information referred to in paragraph 2 of this Article.The common information material shall be established in such a manner as to enable Member States shall use the common information material and to complete it, where necessary, with additional Member State-specific information.
Amendment 640 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The determining authority shall ensure that applicants and, where applicable, their guardians, legal advisers or other counsellors have access to the information referred to in Article 33(2)(e) required for the examination of applications and to the information provided by the experts referred to in Article 33(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.
Amendment 643 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The determining authority shall givenotify applicants notice within a reasonable timewithin five days of the decision taken on their application. Where a guardian, legal adviser or other counsellor is legally representing the applicant, the determining authority mayshall also give notice of the decision to him or her instead of to the applicant.
Amendment 646 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Applicants shall have the right to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a final decision in accordance with the administrative procedure provided for in Chapter III and until any ongoing appeal procedure in relation to the application, return decision or removal order has been concluded.
Amendment 658 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 670 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before a decision is taken by the determining authority on the admissibility of an application for international protection, the applicant shall be accorded the right to be heard and given the opportunity of an interview on the admissibility of his or her application.
Amendment 671 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. In the admissibility interview, the applicant shall be given an opportunity to provide adequate reasons as to why the admissibility grounds provided for in Article 36(1) would not be applicable to his or her particular circumstances.
Amendment 672 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. National asylum authorities shall have the task of conducting admissibility interviews.Member States may not entrust other authorities with this task.
Amendment 674 #
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 accorded the right to be heard and given the opportunity of a substantive interview on his or her application.
Amendment 681 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A person whoNational asylum authorities shall have the task of conducts theing substantive interview of an application shall not wear a military or law enforcement uniforms. Member States may not entrust other authorities with this task.
Amendment 683 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The applicant shall be accorded the right to be heard and given an opportunity of a personal interview on his or her application in accordance with the conditions established in this Regulation.
Amendment 686 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. The presence of the applicant's legal advisor or counsellor in accordance with Article 15(2)(b) shall be ensured.
Amendment 688 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) or experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b).
Amendment 692 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 706 #
Proposal for a regulation
Article 12 – paragraph 8 – subparagraph 2
Article 12 – paragraph 8 – subparagraph 2
Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
Amendment 714 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The determining authority or any other authority or experts assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements orand a transcript of every personal interview.
Amendment 717 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of and give his or her consent to such recording.
Amendment 720 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the report or in the transcript, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report or of the substantive elements of the transcript, with the assistance of an interpreter, where necessary. The applicant shall then be requested to confirm that the content of the report or the transcript correctly reflects the personal interview.
Amendment 724 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 730 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording orand the transcript for ten years from the date of a final decision. The recording shall be erased and the transcript destroyed upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 737 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. The applicant shall be informedeffectively be informed as soon as possible and at the latest when registering the application of his or her right to request free legal assistance and representation at all stages of the procedure.
Amendment 747 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 752 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) assistance in the preparation of the application and personal interview, including participation in the personal interview as necessary;
Amendment 758 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
Amendment 763 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point b
Article 15 – paragraph 5 – subparagraph 1 – point b
Amendment 771 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.
Amendment 786 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection or they shall applywhich shall not be more restrictive than the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.
Amendment 793 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.
Amendment 800 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) to have access to information on individual applications for international protection, on the course of the whole procedure and on the decisions taken, subject to the consent of the applicant;
Amendment 804 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically and as early as possible after the application has been made assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 811 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that thean applicant has been identified as applicant is in need of special procedural guarantees, as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedurese accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41 to the applicant.
Amendment 816 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission mayis empowered to adopt delegated acts in accordance with Article 59 specifying the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.
Amendment 832 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article evenalso where that need becomes apparent or is raised at a later stage of the procedure, without having to restart the procedure for international protection.
Amendment 837 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall ensure minors' right to be heard and provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 863 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessaryindependence, and the necessary qualifications and expertise, and shall not have a verified record of child-related crimes or offences. Guardians shall receive regular training to undertake their tasks.
Amendment 892 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be usedWhere there are doubts as to dwhethermine the age of or not an unaccompanied minors within the framework of the examination of an application where is under the age of 18, following statements by the applicant, available documentary evidence or other relevant indications including, Member States may order a psychosocial assessment, there are doubts a by qualified professionals to whdether or notmine the age of the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a min the framework of the examination of an application. The age assessment shall not be solely based on the applicant's physical appearance or demeanour.
Amendment 895 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application.Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 897 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent orand the consent of their guardians.
Amendment 904 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, including the right to appeal the decision on the medical examination, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination. All documents concerning the medical examination shall be entered in the applicant's file.
Amendment 915 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on thebe the sole reason for rejecting an application for international protection.
Amendment 916 #
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5 a. Unaccompanied minors shall be granted the right to an effective remedy against a decision determining their age.
Amendment 922 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
An application for international protection shall be considered as made when a third- country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in Article 5(3) or (4).
Amendment 933 #
(a) the name, date of birth, gender, nationality and other personal details of the applicantor statelessness;
Amendment 934 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – point a a (new)
Article 27 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) other personal details of the applicant such as family status and health;
Amendment 935 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – point b
Article 27 – paragraph 1 – subparagraph 1 – point b
(b) the type and number of any identity or travel document of the applicant if available;
Amendment 937 #
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1 a. Where an individual claims not to have a nationality this should be clearly registered, and the individual referred to a dedicated statelessness identification mechanism for confirmation of this status at an appropriate juncture.
Amendment 939 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to tenfive working days.
Amendment 946 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant shall lodge the application within ten20 working days from the date when the application is registered or at the latest at the date of the appointment given in accordance with paragraph 5, provided that he or she is given an effective opportunity to do so within that time-limit. Where free legal assistance is requested, the time period for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor, or where the provision of free legal assistance and representation is refused in accordance with Article 15(3).
Amendment 958 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
When lodging an application, applicants are required to submit all the elements in their possession referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
Amendment 962 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 2
Article 28 – paragraph 4 – subparagraph 2
The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward onlany new elements which are relevant for the examination of his or her application and which he or she could not have been aware of or could have not provided at an earlier stage or which relate to changes to his or her situation.
Amendment 970 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The authorities of the Member State where an application for international protection is made shall, at the latest upon registration, provide the applicant with a document certifying, in particular, that an application has been made and stating that the applicant may remain on the territory of that Member State for the purposes of lodging his or her application as provided for in this Regulation.in his or her own name:
Amendment 972 #
Proposal for a regulation
Article 29 – paragraph 1 – point a (new)
Article 29 – paragraph 1 – point a (new)
(a) stating the identity of the applicant by including at least the data referred to in Article 27(1)(a) and (b), verified and updated where necessary, as well as a facial image of the applicant, signature and current place of residence;
Amendment 973 #
Proposal for a regulation
Article 29 – paragraph 1 – point b (new)
Article 29 – paragraph 1 – point b (new)
(b) stating the issuing authority, date and place of issue and period of validity of the document;
Amendment 974 #
Proposal for a regulation
Article 29 – paragraph 1 – point c (new)
Article 29 – paragraph 1 – point c (new)
(c) certifying the status of the individual as an applicant;
Amendment 975 #
Proposal for a regulation
Article 29 – paragraph 1 – point d (new)
Article 29 – paragraph 1 – point d (new)
(d) stating that the applicant has the right to remain on the territory of that Member State and indicating whether the applicant is free to move within all or part of the territory of that Member State;
Amendment 976 #
Proposal for a regulation
Article 29 – paragraph 1 – point e (new)
Article 29 – paragraph 1 – point e (new)
(e) stating that the document is not a valid travel document and indicating that the applicant is not allowed to travel without authorisation to the territory of other Member States until the procedure for the determination of the Member State responsible for the examination of the application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation) has taken place;
Amendment 977 #
Proposal for a regulation
Article 29 – paragraph 1 – point f (new)
Article 29 – paragraph 1 – point f (new)
(f) stating whether the applicant has permission to take up gainful employment.
Amendment 978 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 984 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Where, following a procedure of determination in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), another Member State is designated as responsible for the examination of the application, the authorities of that Member State shall provide the applicant with a document referred to in paragraph 21 within three working days from the transfer of the applicant to that Member State.
Amendment 985 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. The determining authority shall provide the applicant with a document certifying that an application has been lodged in accordance with Article 28 and listing the elements submitted by the applicant, upon lodging the application.
Amendment 988 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 21 shall be valid for a period of at least six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
Amendment 998 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. WThe re there are indications thatsponsible authorities shall inform all third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform of the right to apply for international protection and promptly refer them tof the possibility to apply for international protection, in particular, where:competent asylum authorities.
Amendment 1001 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
Amendment 1005 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
Amendment 1007 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
Amendment 1013 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Member States may impose limits to such access where, by virtue of national law, they are necessary for the security, or public order or administrative management of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible. Access to legal representatives shall be ensured in all circumstances.
Amendment 1038 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten20 working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten20 working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten20 working days, the examination of the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39discontinued.
Amendment 1043 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten20 working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.
Amendment 1061 #
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten20 working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten20 working-day period starting from the expiry of the first ten20 working- day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten20 working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.
Amendment 1078 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In the case of an unaccompanied minor, the ten20 working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten20 working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.
Amendment 1088 #
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
Amendment 1097 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law and shall have completed the necessary training under Regulation (EU) XXX/XXX (EU Asylum Agency Regulation). They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 1098 #
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. An examination of an application for international protection may be prioritised in accordance with the basic principles and guarantees of Chapter II, in particular, where: the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees as referred to in Articles 19 to 22 of this Regulation.
Amendment 1099 #
Proposal for a regulation
Article 33 – paragraph 5 – point a
Article 33 – paragraph 5 – point a
Amendment 1102 #
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
Amendment 1110 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application. Where the determining authority does not determine the admissibility of an application within one month, it shall continue the examination of the application in accordance with paragraph 2 and 3 and Article 37 and shall inform the applicant accordingly.
Amendment 1113 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 1117 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 1122 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 1130 #
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand.
Amendment 1133 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection shall be given in writing, unless otherwise already provided to the applicant.
Amendment 1143 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Amendment 1157 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. An application shall not be examined on its merits in the cases where an application is not examined in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), including when another Member State has granted international protection to the applicant, or where an application is rejected as inadmissible in accordance with paragraph 1.
Amendment 1159 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 1162 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 1165 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 1172 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The determining authority shallmay declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40(1)(a), (b), (c), (d) and (eb).
Amendment 1176 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Amendment 1177 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The determining authority shall rejectmay discontinue a decision on the merits of an application as abandoned where:
Amendment 1188 #
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) the applicant refuses to cooperate by not providing the necessary details for the application to be examined and by not providing his or her fingerprints and facial image pursuant to Article 7(3)details listed in Article 27(1)(a) and (b) for purpose of the examination of an application;
Amendment 1193 #
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
Amendment 1207 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application willmay be definitely rejected as abandondiscontinued unless the applicant reports to the determining authority within a period of onine months from the date when the written notice is sentreceived.
Amendment 1214 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Where the applicant does not report to the determining authority within this onine-month period and does not demonstrate that his or her failure was due to circumstances beyond his or her control, the determining authority shall consider that the application has been implicdefinitely withdrawndiscontinued.
Amendment 1217 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
Amendment 1225 #
Proposal for a regulation
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. The determining authority shallmay, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection, in the cases where:
Amendment 1228 #
Proposal for a regulation
Article 40 – paragraph 1 – point a a (new)
Article 40 – paragraph 1 – point a a (new)
(aa) the application is likely to be well- founded;
Amendment 1230 #
Proposal for a regulation
Article 40 – paragraph 1 – point c
Article 40 – paragraph 1 – point c
Amendment 1234 #
Proposal for a regulation
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
Amendment 1238 #
Proposal for a regulation
Article 40 – paragraph 1 – point e
Article 40 – paragraph 1 – point e
Amendment 1244 #
Proposal for a regulation
Article 40 – paragraph 1 – point f
Article 40 – paragraph 1 – point f
Amendment 1251 #
Proposal for a regulation
Article 40 – paragraph 1 – point g
Article 40 – paragraph 1 – point g
Amendment 1258 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application. By way of exception, in the cases set out in paragraph (1)(d), the determining authority shall conclude the accelerated examination procedure within eight working days.
Amendment 1262 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. The Member State responsible shall allow applicants to remain on its territory until the time limit within which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time limit, pending the outcome of the remedy, in line with Article 54 of this Regulation.
Amendment 1264 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure, it may continue the examination on the merits in accordance with Articles 34 and 37. In that case, or where otherwise a decision cannot be taken within the time-limits referred to in paragraph 2or where a decision cannot be taken within the time-limits referred to in paragraph 2, it shall continue the examination on the merits in accordance with Articles 34 and 37. In that case, the applicant concerned shall be informed of the change in the procedure.
Amendment 1269 #
Proposal for a regulation
Article 40 – paragraph 5 – introductory part
Article 40 – paragraph 5 – introductory part
5. The accelerated examination procedure may be applied to unaccompanied minors only where: the application is likely to be well-founded.
Amendment 1272 #
Proposal for a regulation
Article 40 – paragraph 5 – point a
Article 40 – paragraph 5 – point a
Amendment 1274 #
Proposal for a regulation
Article 40 – paragraph 5 – point b
Article 40 – paragraph 5 – point b
Amendment 1282 #
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) the admissibility of an application made at such locations pursuant to Article 36(1); or
Amendment 1283 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
Amendment 1286 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. A decision referred to in paragraph 1 shall be taken as soon as possible without prejudice to an adequate and complete examination of the application, and not longer than fourtwo weeks from when the application is lodged.
Amendment 1288 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Where a final decision is not taken within fourtwo weeks referred to in paragraph 2, the applicant shall no longer be kept at the border or transit zones and shall be granted entry to the territory of the Member State for his or her application to be processed in accordance with the other provisions of this Regulation.
Amendment 1290 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 1297 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – introductory part
Article 41 – paragraph 5 – subparagraph 1 – introductory part
The border procedure mayshall not be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where:minors.
Amendment 1301 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point a
Article 41 – paragraph 5 – subparagraph 1 – point a
Amendment 1304 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point b
Article 41 – paragraph 5 – subparagraph 1 – point b
Amendment 1307 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point c
Article 41 – paragraph 5 – subparagraph 1 – point c
Amendment 1309 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point d
Article 41 – paragraph 5 – subparagraph 1 – point d
Amendment 1314 #
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 2
Article 41 – paragraph 5 – subparagraph 2
Amendment 1317 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. After a previous application had been rejected by means of a final decision, any second or further application made by the same applicant in any Member State shall be considered to be a subsequent application by the Member State responsible.
Amendment 1322 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant which significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation) or which relate to the reasons for which the previous application was rejected as inadmissible.
Amendment 1329 #
Proposal for a regulation
Article 42 – paragraph 4 – point b
Article 42 – paragraph 4 – point b
(b) the applicant was unable, through no fault on his or her own part, to present those elements or findings during the procedure in the context of the earlier application, unless it is considered unreasonable not to take those elements or findings into account.
Amendment 1332 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible, or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success.
Amendment 1334 #
Proposal for a regulation
Article 43
Article 43
Amendment 1352 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. A third country shallmay be considered to be a first country of asylum for a particular applicant provided that:
Amendment 1355 #
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) the applicant has enjoyedbeen recognised as a refugee and enjoyed effective protection in accordance with the Geneva Convention in that country without any geographical restriction, before travelling to the Union and he or she can still avail himself or herself of that protection; or.
Amendment 1357 #
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
Amendment 1363 #
Proposal for a regulation
Article 44 – paragraph 2 – point c a (new)
Article 44 – paragraph 2 – point c a (new)
(c a) there is no real risk that the applicant would be transferred by the third state to another state in which he or she would not receive effective protection, or would be at risk of being transferred from there to any other state, where such protection would not be available;
Amendment 1366 #
Proposal for a regulation
Article 44 – paragraph 2 – point e a (new)
Article 44 – paragraph 2 – point e a (new)
(e a) fundamental rights are respected in accordance with applicable international standards, including that there is no real risk to the life of the applicant and no real risk that the applicant would be deprived of his/her liberty without due process;
Amendment 1369 #
Proposal for a regulation
Article 44 – paragraph 2 – point f a (new)
Article 44 – paragraph 2 – point f a (new)
(f a) the applicant has access to means of subsistence sufficient to maintain an adequate standard of living, and steps are undertaken by the third state to enable the progressive achievement of self-reliance, pending the realisation of durable solutions;
Amendment 1372 #
Proposal for a regulation
Article 44 – paragraph 2 – point f b (new)
Article 44 – paragraph 2 – point f b (new)
(f b) the third country takes account of any special vulnerabilities of the applicant and maintains the privacy interests of the applicant;
Amendment 1373 #
Proposal for a regulation
Article 44 – paragraph 2 – point f c (new)
Article 44 – paragraph 2 – point f c (new)
(f c) effective protection remains available until a durable solution can be found;
Amendment 1377 #
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2 a. Decisions considering that the conditions set out in paragraph 1 of this Article are met should be regularly reviewed by independent organisations.
Amendment 1380 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(a)part of a determination on its merits pursuant to Section II of this Regulation, the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances when lodging the application and during the admissibility interviewat any stage of the procedure.
Amendment 1381 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. As regards unaccompanied minors, tThe concept of first country of asylum may only be applied where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1shall not be applied to unaccompanied minors.
Amendment 1386 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 1388 #
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority shall revoke the decision rejecting the application as inadmissible and shall give access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and Section I of Chapter III.
Amendment 1391 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
A third country shallmay be designated as a safe third country in the individual circumstances of an applicant provided that:
Amendment 1396 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) there is no real risk that the applicant would be transferred by the third state to another state in which he or she would not receive effective protection, or would be at risk of being transferred from there to any other state, where such protection would not be available;
Amendment 1397 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point d a (new)
Article 45 – paragraph 1 – subparagraph 1 – point d a (new)
(d a) fundamental rights are respected in accordance with applicable international standards, including that there is no real risk to the life of the applicant and no real risk that the applicant would be deprived of his/her liberty without due process;
Amendment 1398 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point d b (new)
Article 45 – paragraph 1 – subparagraph 1 – point d b (new)
(d b) the applicant has access to means of subsistence sufficient to maintain an adequate standard of living, and steps are undertaken by the third state to enable the progressive achievement of self-reliance, pending the realisation of durable solutions;
Amendment 1399 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point d c (new)
Article 45 – paragraph 1 – subparagraph 1 – point d c (new)
(d c) the third country takes account of any special vulnerabilities of the applicant and maintains the privacy interests of the applicant;
Amendment 1401 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point e
Article 45 – paragraph 1 – subparagraph 1 – point e
(e) the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2), as appropriatequest international protection and, if recognised as a refugee, to receive effective protection in accordance with the Geneva Convention without any geographical restriction, which remains available until a durable solution can be found.
Amendment 1407 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on the individual circumstances of the applicant and on a on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant organisations.
Amendment 1411 #
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. The concept of safe third country shall only be applied: in individual cases in relation to a specific applicant as part of the examination on the merits of an application pursuant to Section II of this Regulation.
Amendment 1414 #
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
Amendment 1416 #
Proposal for a regulation
Article 45 – paragraph 2 – point b
Article 45 – paragraph 2 – point b
Amendment 1418 #
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
Amendment 1420 #
Proposal for a regulation
Article 45 – paragraph 3 – introductory part
Article 45 – paragraph 3 – introductory part
3. The determining authority shallmay consider a third country to be a safe third country for a particular applicant, after an individual examination of the application, only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that:
Amendment 1422 #
Proposal for a regulation
Article 45 – paragraph 3 – point a
Article 45 – paragraph 3 – point a
(a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country, including because the applicant has transited through that third country which is geographically close to the country of origin of the applicant;
Amendment 1425 #
Proposal for a regulation
Article 45 – paragraph 3 – point b
Article 45 – paragraph 3 – point b
(b) the applicant has not submitted serious grounds for considering the country not to be a safe third country in his or her particular circumstances.
Amendment 1428 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(b)part of a determination on its merits pursuant to Section II of this Regulation, an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances when lodging the application and during the admissibility interviewat any stage of the procedure.
Amendment 1429 #
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. As regards unaccompanied minors, the concept of safe third country may only be applied where the authorities of the Member States have first received from the authorities of the third country in question confirmation that the unaccompanied minor shall be taken in charge by those authorities and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e)The concept of safe third country shall not be applied to unaccompanied minors.
Amendment 1436 #
Proposal for a regulation
Article 46
Article 46
Amendment 1442 #
Proposal for a regulation
Article 47
Article 47
Amendment 1454 #
Proposal for a regulation
Article 48
Article 48
Amendment 1462 #
Proposal for a regulation
Article 49
Article 49
Amendment 1476 #
Proposal for a regulation
Article 50
Article 50
Amendment 1503 #
Proposal for a regulation
Article 51
Article 51
Amendment 1507 #
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. Where the competent authority is considering withdrawing international protection from a third-country national or stateless person, including in the context of a regular status review referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation), the the person concerned shall enjoy the following guarantees, in particular:
Amendment 1519 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 2
Article 53 – paragraph 3 – subparagraph 2
The applicant may only bring forward any new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.
Amendment 1521 #
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3 a. The applicant shall have a right to an oral hearing before a first level appeal court or tribunal.
Amendment 1522 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – introductory part
Article 53 – paragraph 6 – subparagraph 1 – introductory part
Applicants shall lodge appeals against any decision referred to in paragraph 1: within one month of receipt of the notification of such decision.
Amendment 1524 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point a
Article 53 – paragraph 6 – subparagraph 1 – point a
Amendment 1529 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point b
Article 53 – paragraph 6 – subparagraph 1 – point b
Amendment 1534 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point c
Article 53 – paragraph 6 – subparagraph 1 – point c
Amendment 1540 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 2
Article 53 – paragraph 6 – subparagraph 2
Amendment 1544 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 3
Article 53 – paragraph 6 – subparagraph 3
The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation. Where the applicant has requested free legal assistance and representation according to Article 15(1), after notification of such decision, these time limits shall start to run from the date when the legal advisor or counsellor is appointed.
Amendment 1547 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 1558 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
Amendment 1559 #
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 1562 #
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
Amendment 1584 #
Proposal for a regulation
Article 60 – paragraph 2 – subparagraph 1 (new)
Article 60 – paragraph 2 – subparagraph 1 (new)
Member States shall regularly report to the Commission in relation to the implementation and application of Section III of this Regulation.