26 Amendments of Monika HOHLMEIER related to 2016/0133(COD)
Amendment 188 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
Amendment 322 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5
Article 2 – paragraph 1 – point g – indent 5
Amendment 412 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may, at the end of the three-month period after the entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not take part in the corrective allocation mechanism set out in Chapter VII of this Regulation as a Member State of allocation and notify this to the Member States, the Commission and the European Union Agency for AsylumIn order to ensure financial solidarity between Member States, the Commission shall establish an adjustment mechanism which applies for Member States who infringe their obligations pursuant to the relocation mechanism. To that end, the Commission shall set an amount of compensation per relocated applicant and a number of applicants that the Member State is obliged to accommodate. A fund (the "Dublin Reserve Fund") shall be established and a Member State that has failed to meet its obligations shall pay the compensation into that fund. If an infringing Member State fails to pay, the Commission shall withhold the same amount from the payments due to that Member State from other Union funds.
Amendment 413 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 413 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Member State in which the applicant is obliged to be present shall continue the procedures for determining the Member State responsible even when the applicant leaves the territory of that Member State without authorisation or is otherwise not available for the competent authorities of that Member State. The Member State in which the applicant is obliged to be present may decide to examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU.
Amendment 416 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 419 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The Commission shall, by means of implementing acts, adopt a decision in accordance with the examination procedure referred to in Article 56, lay down the modalities for the implementation of paragraph 31.
Amendment 420 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The applicant shallmust not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present.
Amendment 490 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The qualified person conducting the personal interview is obliged to notify the competent national authorities and the competent staff of Europol and the European Border and Coast Guard as soon as possible when he or she has reasonable grounds that the applicant is in any way at risk of being exploited by or is involved him- or herself in human trafficking activities, terrorist activities and organised crime networks;
Amendment 509 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any kind of human trafficking, organized crime or exploitation e.g. organ trade, forced beggary or prostitution; if the qualified person conducting the personal interview has reasonable grounds that the minor is in any way at risk of being exploited by human traffickers, terrorist organizations or organized crime networks, he or she be obliged to notify the competent national authorities and the competent staff of Europol and the European Border and Coast Guard as soon as possible and accommodate the minor in a special reception centre;
Amendment 529 #
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Article 10, the Member State where the unaccompanied minor lodged an application for international protection shall, as soon as possible, take appropriate action to identify the family members, siblings or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 534 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. With a view to facilitating the appropriate action to identify the family members, siblings or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 5 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 548 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Member State responsible shall be that where a family member or a sibling of the unaccompanied minor is legally present, provided that it is in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 550 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where family members, siblings or relatives as referred to in paragraphs 2 and 3, stay in more than one Member State, the Member State responsible shall be decided on the basis of what is in the best interests of the unaccompanied minor.
Amendment 556 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member, a sibling or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 562 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 57 concerning the identification of family members, siblings or relatives of the unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of the unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 8(3).
Amendment 570 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
Where several family members and/or minor unmarried siblings submit applications for international protection in the same Member State simultaneously, or on dates close enough for the procedures for determining the Member State responsible to be conducted together, and where the application of the criteria set out in this Regulation would lead to their being separated, the Member State responsible shall be determined on the basis of the following provisions:
Amendment 616 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on e.g. family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 904 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. At the end of the twelve-month period referred to in paragraph 2, the automated system shall communicate to the Member State not taking part in the corrective allocation mechanism the number of applicants for whom it would have otherwise been the Member State of allocation. That Member State shall thereafter make a solidarity contribution of EUR 250,000 per each applicant who would have otherwise been allocated to that Member State during the respective twelve-month period. The solidarity contribution shall be paid to the Member State determined as responsible for examining the respective applications.
Amendment 907 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 917 #
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 920 #
Proposal for a regulation
Article 37 – paragraph 5 a (new)
Article 37 – paragraph 5 a (new)
5a. The Commission shall establish a European solidarity fund in order to ensure financial solidarity between Member States. A Member State who benefits from the corrective allocation mechanism shall pay a compensation amount of 50.000 Euro per relocated applicant into the European solidarity fund.
Amendment 921 #
Proposal for a regulation
Article 37 – paragraph 5 b (new)
Article 37 – paragraph 5 b (new)
5b. The Member State of relocation shall benefit from the European solidarity fund by receiving a payment of 50 000 Euro per relocated applicant to cover all expenses which arise from taking over the relocated person, such as costs for accommodation, language courses, health care.
Amendment 922 #
Proposal for a regulation
Article 37 – paragraph 5 c (new)
Article 37 – paragraph 5 c (new)
5c. If a Member State does not fulfil its obligations under Chapter VII, solidarity among Member States, as enshrined in Article 80 of the Lisbon Treaty, will be reinstalled by following the procedure as provided for by Article XXX of Regulation (EU) Nr 1303/2013 as modified by Regulation (EU) Nr XXX, will apply.
Amendment 949 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order, the benefitting Member State of application shall be the Member State responsible and shall examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU. If the risk of absconding exists, the Member State may take measures pursuant to Article 29.
Amendment 959 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Family members or siblings to whom the procedure for allocation applies shall be allocated to the same Member State.