29 Amendments of Monika HOHLMEIER related to 2016/0225(COD)
Amendment 129 #
Proposal for a regulation
Recital 5
Recital 5
(5) According to the EU-Turkey Statement of 18 March 2016 all new irregular migrants crossing from Turkey into Greek islands as from 20 March 2016 would be returned to Turkey. For every Syrian being returned to Turkey from Greek islands, another Syrian will be resettled from Turkey to the Union taking into account the United Nations Vulnerability Criteria. In May 2016, the Member States and Dublin Associated States and Turkey reached a common understanding on Standard Operating Procedures guiding the implementation of this resettlement scheme. Since then, the implementation of the EU-Turkey Statement of 18 March continues to deliver tangible results, despite the challenging circumstances. As of 2 March 2017, 3,565 Syrians have been resettled under the EU-Turkey Statement.
Amendment 167 #
Proposal for a regulation
Recital 12
Recital 12
(12) The common standard procedures should build on the existing resettlement experience and standards of the Member States, in particular the Standard Operating Procedures guiding the implementation of the resettlement scheme with Turkey set out in the EU-Turkey Statement of 18 March 2016, as well as of UNHCR and IOM. The Union Resettlement Framework should allow the use of two types of standard resettlement procedures.
Amendment 185 #
Proposal for a regulation
Recital 17
Recital 17
(17) Any personal data collected for the purpose of the resettlement procedure should be stored for a maximum period of five years from the datethe entire duration of the third-country national's or stateless person's stay in the European Union, while holding a temporary residence permit attributed through the process of resettlement; this period shall be reduced to five years from the date of resettlement for any third-country national or stateless person who has been granted a permanent residence permit through the process of resettlement. Given that third- country nationals or stateless persons who have already been resettled by one Member State or who during the last five years refused to resettle to a Member State should be excluded from resettlement to another Member State, that period should be considered a necessary period for the storage of personal details, including fingerprints and facial images.
Amendment 228 #
Proposal for a regulation
Recital 27
Recital 27
(27) Given the expertise of UNHCR and IOM in facilitating the different forms of admission of persons in need of international protection from third countries, to which they have been displaced, to Member States willing to admit them, UNHCRboth organisations should continue to play a key role in resettlement efforts conducted under the Union Resettlement Framework. In addition to UNHCR, oOther international actors such as the International Organisation for Migration (IOM) should be called upon to assist Member States in the implementation of the Union Resettlement Framework.
Amendment 262 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
The Union Resettlement Framework shall solely:
Amendment 297 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the Union's overall relations with the third country or countries from which resettlement occurs, and with third countries in general;
Amendment 328 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, as defined in Article 16 of Regulation (EU) No XXX/XXX [Qualification Regulation], and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;
Amendment 336 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 3
Article 5 – paragraph 1 – point b – point i – indent 3
– survivors of violence and/or torturedue to unlawful and discriminatory persecution, including on the basis of gender;
Amendment 338 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 3 a (new)
Article 5 – paragraph 1 – point b – point i – indent 3 a (new)
– survivors of torture;
Amendment 345 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6
Article 5 – paragraph 1 – point b – point i – indent 6
Amendment 354 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 1
Article 5 – paragraph 1 – point b – point ii – indent 1
– the spouse or unmarried partner in a stable relationship, above the age of 16 years, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to that of married couples under its law relating to third-country nationals or stateless persons;
Amendment 361 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 4
Article 5 – paragraph 1 – point b – point ii – indent 4
– the minor sibling or siblings of the third- country nationals or stateless persons to be resettled, provided that there are no living parental caretakers;
Amendment 365 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – indent 5
Article 5 – paragraph 1 – point b – point ii – indent 5
– third-country nationals or stateless persons to be resettled who are dependent on their child or parent for assistance as a result of pregnancy, a newborn child, serious illness, severe disability or old agesevere age-related frailty, provided that family ties existed in the country of origin, that the child or parent is able to take care of the dependent person and that the persons concerned expressed their desire orally or in writing;
Amendment 377 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – point i
Article 6 – paragraph 1 – point a – point i
(i) they have incited or committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
Amendment 378 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – point ii
Article 6 – paragraph 1 – point a – point ii
(ii) they have incited or committed a serious crime;, including being involved in the preparation of a terrorist act or being supportive to a terrorist group3a. _________________ 3a Judgment of the Court (Grand Chamber) of 31 January 2017 in Case C- 573/14 Commissaire général aux réfugiés et aux apatrides v Mostafa Lounani
Amendment 384 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – point iii
Article 6 – paragraph 1 – point a – point iii
(iii) they have incited or been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;
Amendment 386 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) persons for whom there are reasonable grounds for considering that they are a danger to the community, public policy, security, public health, the individual safety of a citizen or the international relations of the Member State examining the resettlement file, including where a second Member State hasor multiple Member States have required the Member State examining the resettlement file to be consult that second Member Stated during the examination in relation to specific third-country nationals or stateless persons or specific categories of third-country nationals or stateless persons, that second Member State hasor multiple Member States have objected to their resettlement on these grounds;
Amendment 389 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) persons who prior to their admission to the Member State concerned, have committed one or more crimes outside the scope of this Article, which would be punishable by imprisonment if they had been committed in the Member State concerned, and who left their country of origin solely in order to avoid sanctions resulting from those crimes.
Amendment 397 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) persons who have irregularly stayed, irregularly entered, or attempted to irregularly enter the territory of the Member States during the fiveten years prior to resettlement;
Amendment 410 #
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) persons who have refused resettlement to a particular Member State and therefore withdrawn their consent.
Amendment 414 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Third-country nationals or stateless persons may be excluded from targeted Union resettlement schemes established in accordance with Article 8, where one of the grounds for exclusion referred to in points (a) or (bto (c a) of paragraph 1 applies prima facie.
Amendment 450 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) a description of the specific group or groups of third-country nationals or stateless persons falling within Article 5(b)(i) of this Regulation based on the advice of the [European Union Agency for Asylum], and of the IOM and on the UNHCR's Projected Global Resettlement Needs publication, to whom the targeted Union resettlement scheme shall apply;
Amendment 461 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – introductory part
Article 10 – paragraph 1 – subparagraph 2 – introductory part
Member States may give preference inter alia to third-country nationals or stateless persons, eligible for targeted Union resettlement schemes in accordance with Article 5 of this Regulation, with:
Amendment 467 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. After identifying third-country nationals or stateless persons, and as part of the assessment referred to in paragraph 1, Member States shall register the following information of those for whom they intend to conduct the resettlement procedure:
Amendment 472 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the fingerprints of all fingers and a facial image of every third-country national or stateless person of at least six years of age, including children and infants;
Amendment 480 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eightsix months from their registration. Member States may extend that time-limit of eight months by a period of not more than fourthree months, where complex issues of fact or law are involved.
Amendment 483 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Member States shall store the data referred to in paragraphs 2 to 4 for five years from the datethe entire duration of the third-country national's or stateless person's stay in the European Union holding a temporary residence permit attributed through the process of resettlement; this period shall be reduced to five years from the date of resettlement for any third-country national or stateless person who has been granted a permanent residence permit through the process of resettlement.
Amendment 499 #
Proposal for a regulation
Article 10 – paragraph 8 – introductory part
Article 10 – paragraph 8 – introductory part
8. For the purpose of implementing the ordinary procedure, prior to identifying third-country nationals or stateless persons, Member States may request UNHCR, or where applicable, [the European Union Agency for Asylum] or relevant international bodies to refer to them third- country nationals or stateless persons in relation to whom those entities have fully and transparently assessed:
Amendment 507 #
Proposal for a regulation
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
(1) shall not assess whether the third- country nationals or the stateless persons meet the requirements referred to in point (a)(ii) of Article 5 and shall ensure that no grounds for exclusion, as specified in points (a) to (f) of Article 6 (1), is applicable;