9 Amendments of Takis HADJIGEORGIOU related to 2015/0211(COD)
Amendment 3 #
Proposal for a regulation
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The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 14 #
Proposal for a regulation
Recital 3
Recital 3
(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union and the resulting unprecedented pressure on Member States’' asylum systems the Union acknowledged the need to strengthen the application of the safe country of origin provisions of Directive 2013/32/EU, as an essential tool to support the swift processing of applications that are likely to be unfounded. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin, in accordance with Union law and international obligations, should take all measures in order to provide for safe and legal passage to its territory for all those in need of international protection and to guarantee, including by increasing administrative and funding capacities, application of proper asylum procedures in all Member States. __________________ 8 COM (2015) 240 final, 13.5.2015.
Amendment 17 #
Proposal for a regulation
Recital 4
Recital 4
(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. The establishment of an EU common list willThe establishment of an EU common list might also address some of the existing divergences between Member States’' national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulation, on the basis of a report to be presented by the Commissionthe consideration of a third country as safe to be revoked.
Amendment 22 #
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance that a third country is on the EU common list of safe countries of origin cannotshould not, under any general or specific circumstances, establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the needmaking it therefore obligatory to conduct an appropriate individual examination of the application for international protection respecting all steps of the procedures, including the right to appeal. In addition, it should be recalled that, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her.
Amendment 47 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 74 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of sudden or gradual changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if those conditions are no longer met, shall adopt, in accordance with Article 290 TFUEU, a Decision suspending the presence of that third country from the EU common list for a period of one year. During the conduct of this substantiated assessment no national or stateless person residing in this third country shall be considered as originating from a safe third country.
Amendment 85 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Directive 2013/32/EU
Article 36 – paragraph 1
Article 36 – paragraph 1
1. A third country designated as a safe country of origin in accordance with this Directive by national law or that is on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 of the European Parliament and of the Council* [this Regulation] may, after an proper individual examination of the application and after having provided full access to the right of appeal, be considered as a safe country of origin for a particular applicant only if: * Regulation (EU) No XXXX/2015 of the European Parliament and of the Council of [date] establishing an EU common list of safe countries of origin for the purposes of Directive 2013/32/EU, and amending Directive 2013/32/EU
Amendment 88 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Directive 2013/32/EU
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States mayshould retain the right to apply or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those o the consideration of a third country as safe to be revoked at national level, despite still being in the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection
Amendment 99 #
Proposal for a regulation
Annex I – paragraph 7
Annex I – paragraph 7