BETA

90 Amendments of Birgit SIPPEL related to 2020/0279(COD)

Amendment 266 #
Proposal for a regulation
Recital 13 a (new)
(13a) In order to effectively manage the Union's external border, an independent border monitoring mechanism should be set up in view of ensuring its compliance with the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the EU and International law.
2021/12/09
Committee: LIBE
Amendment 365 #
Proposal for a regulation
Recital 22 a (new)
(22a) Where no meaningful links can be established, the share of solidarity contribution for each Member State shall follow the size of the population, the total GDP and its unemployment rate, according to the latest available Eurostat data.
2021/12/09
Committee: LIBE
Amendment 381 #
Proposal for a regulation
Recital 24
(24) TheA specific solidarity mechanism should also address the situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed towhere one or more Member States, in particular, due to their geographical location and a constant level of arrivals, including after disembarkation and search and rescue activities and operations are under migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.
2021/12/09
Committee: LIBE
Amendment 497 #
Proposal for a regulation
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developingand the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, athe new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
2021/12/09
Committee: LIBE
Amendment 656 #
Proposal for a regulation
Recital 59
(59) Minors and unaccompanied minors shall never be detained. The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
2021/12/09
Committee: LIBE
Amendment 745 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) establishes a sustainable mechanism for solidarity as enshrined in Article 80 of the TFEU;
2021/12/09
Committee: LIBE
Amendment 780 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s or beneficiaries' family who are present on the territory of the Member States:
2021/12/09
Committee: LIBE
Amendment 784 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
(i) the spousepartner of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,beneficiary;
2021/12/09
Committee: LIBE
Amendment 791 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
(ii) the minor children of couplepartners referred to in the first indent or of the applicant, on condition that they are unmarriedr beneficiary, and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
2021/12/09
Committee: LIBE
Amendment 797 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
2021/12/09
Committee: LIBE
Amendment 801 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the adult or beneficiary of international protection is present,
2021/12/09
Committee: LIBE
Amendment 810 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings, and the grandparent or grandparents of the applicant or beneficiary;
2021/12/09
Committee: LIBE
Amendment 815 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle, or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
2021/12/09
Committee: LIBE
Amendment 831 #
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
(ma) “Meaningful links” means any of the following: the possession of a diploma or qualification, the lawful presence of relatives, being beneficiary of a sponsorship, strong linguistic and cultural ties, previous legal stays or residence;
2021/12/09
Committee: LIBE
Amendment 847 #
Proposal for a regulation
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may absconlaw in the light of specific circumstances of the persons involved;
2021/12/09
Committee: LIBE
Amendment 945 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border managthrough the creation and development of an adequately resourced independent monitoring mechanism in line with Article 18 and 19 of the Charter of Fundamental Rights and the principle of non-refoulement;
2021/12/09
Committee: LIBE
Amendment 1140 #
Proposal for a regulation
Article 7
1. basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third- country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. 2. it appropriate, it shall also identify in its report measures designed to promote cooperation among the Member States to facilitate tArticle 7 deleted Cooperation with third countries to facilitate return and readmission Where the Commission, on the Whe return of illegal staying third-country nationals. 3. to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country. 4. European Parliament regularly informed of the implementation of this Article. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1. the Commission considers On the basis of the report referred The Commission shall keep the
2021/12/09
Committee: LIBE
Amendment 1185 #
Proposal for a regulation
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in whichresponsible for examining the application for international protection was registered shall be responsible for examining itshall be determined in accordance with the procedure laid down in Article 45.
2021/12/09
Committee: LIBE
Amendment 1223 #
Proposal for a regulation
Article 9
1. stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entry. 2. where a third-country national or stateless person is in possession of a valid residence permit or a valid visa, the application shall be made and registered in the Member State that issued the residence permit or visa. Where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expiredArticle 9 deleted Obligations of the applicant Where a third-country national or By derogation from paragraph 1, tThe applicationt shall be made and registered in the Member State where he or she is present. 3. with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidence. 4. be present in: (a) paragraphs 1 and 2 pending the determination of the Member State responsible and, where applicable, the implementation of the transfer procedure; (b) (c) the Member State of relocation following a transfer pursuant to Article 57(9). 5. notified to the applicant in accordance with Article 32(2) and Article 57(8), the applicant shall comply with that decision.fully cooperate The applicant shall be required to the Member State referred to in the Member State responsible; Where a transfer decision is
2021/12/09
Committee: LIBE
Amendment 1254 #
Proposal for a regulation
Article 10
Consequences of non-compliance 1. to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations. 2. for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities.0 deleted The applicant shall not be entitled Elements and information relevant
2021/12/09
Committee: LIBE
Amendment 1357 #
Proposal for a regulation
Article 11 a (new)
Article 11a Free legal assistance 1. Without prejudice to the applicant's right to choose his or her own legal representative at his or her own cost, Member States shall provide free legal assistance and representation on matters relating to the application of this Regulation at all stages of the procedure where the applicant concerned cannot afford the costs involved. Member States may request a total or partial reimbursement of the costs incurred where the decision to cover such costs was taken on the basis of false information supplied by the applicant, provided that it can be established that the applicant can afford the costs involved. 2. The legal assistance and representation shall, at least, include: (a) the provision of information on the procedure in the light of the applicant's individual circumstances; (b) assistance in the preparation of the personal interview and supporting documents and evidence to be provided as part of the interview, including participation in the personal interview; (c) an explanation of the reasons for and consequences of a transfer decision as well as information as to how to challenge that decision or how to access remedies in situations where no transfer decision is taken pursuant to Article 33 (d) the preparation of the required procedural documents and representation before a court or tribunal. In complying with this paragraph, 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. Procedures for access to legal assistance shall be laid down in national law.
2021/12/09
Committee: LIBE
Amendment 1492 #
Proposal for a regulation
Article 13 a (new)
Article 13a EU Relocation Coordinator 1. With a view to supporting the mandatory relocation established in this Regulation, the Commission shall appoint an EU Relocation Coordinator, who will act as a contact point, in order to coordinate the relocation activities from the benefitting Member State to the contributing Member States implementing their obligations referred to in Article 14, 45, 51. 2. The EU Relocation Coordinator shall: (a) coordinate and support communication between the Member States involved; (b) keep an overview of the persons eligible for relocation, and follow up on the ongoing relocations, and on the contributions of the Member States involved; (c) organise, at regular intervals, meetings between the authorities of the benefitting Member State, and the contributing Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States, in the interest of the persons eligible for relocation and the efficiency of the mandatory relocation mechanism; (d) promote best practices in the field of relocation.
2021/12/09
Committee: LIBE
Amendment 1494 #
Proposal for a regulation
Article 14 – title
Hierarchy of criteria upon arrival and disembarkation, including following search and rescue operations
2021/12/09
Committee: LIBE
Amendment 1500 #
Proposal for a regulation
Article 14 – paragraph 2 b (new)
2b. That Member State, assisted by the Asylum Agency, shall arrange, upon arrival or after disembarkation, including following search and rescue operations and activities, for an interview with the applicant in order to identify his or her meaningful links with one or more member States including that of arrival. The applicant has the right to be informed and cooperate in line with article 11 of this Regulation.
2021/12/09
Committee: LIBE
Amendment 1501 #
Proposal for a regulation
Article 14 – paragraph 2 c (new)
2c. The Member State with which the applicant has meaningful links shall be responsible for examining the application for international protection. If the person has meaningful links with more than one Member State, the applicant may express a preference. Otherwise, the responsible Member State will be determined with regard to the lowest number of applications received in relation to the fair share calculated according to Article 54.
2021/12/09
Committee: LIBE
Amendment 1502 #
Proposal for a regulation
Article 14 – paragraph 2 d (new)
2d. The Member State of entry, in cooperation with the Asylum Agency, shall inform the applicant of the determination and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
2021/12/09
Committee: LIBE
Amendment 1503 #
Proposal for a regulation
Article 14 – paragraph 2 e (new)
2e. If no meaningful links with a Member State are established or no criteria listed in this Chapter are applicable, the procedure established in Article 45 of this Regulation shall apply.
2021/12/09
Committee: LIBE
Amendment 1567 #
Proposal for a regulation
Article 21
1. basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took place. 2. shall also apply where the applicant was disembarked on the territory following a search and rescue operation. 3. if it can be established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that the applicant was relocated pursuant to Article 57 of this Regulation to another Member State after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.Article 21 deleted Entry Where it is established, on the The rule set out in paragraph 1 Paragraphs 1 and 2 shall not apply
2021/12/09
Committee: LIBE
Amendment 1613 #
Proposal for a regulation
Article 24 a (new)
Article 24 a Sponsorship 1. A Member State may provide the possibility that recognised organisations working in that Member State in the field of refugee protection programmes and prevention of trafficking in human beings become the sponsor of an applicant who has applied for international protection in the Union. The sponsoring organization shall arrange for the applicant's relocation and stay in the Member State until a final decision is taken on his or her application for international protection. 2. If the Member State in which the organization is established agrees to take charge of the applicant, it becomes the Member State responsible for examining the application for international protection.
2021/12/09
Committee: LIBE
Amendment 1629 #
Proposal for a regulation
Article 25 a (new)
Article 25 a Light Family procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indicators showing that they are likely to have the right to family reunification in accordance with Article 13, 15, 16, 24a. 2. If it is determined pursuant to paragraphs 1 and 2 that an applicant has, prima facie, the right to family reunification in accordance with Article 13, 15, 16 24a, the determining Member State shall notify the Member State of allocation thereof and the applicant shall be transferred to that Member State. 3. In accordance with the procedure referred to in paragraph 2, the Member State of allocation shall make the determination of whether the conditions for family reunification in accordance with Article 18 are met. If this is the case the Member state of allocation shall become the Member State responsible.
2021/12/09
Committee: LIBE
Amendment 1853 #
Proposal for a regulation
Article 34 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Detention shall, in any case, be a measure of last resort when alternatives are not available.
2021/12/09
Committee: LIBE
Amendment 1858 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
1a. Minors, whether accompanied or unaccompanied, and vulnerable people according to Directive 2013/33 shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Unaccompanied minors shall be placed in appropriate alternative care settings in the national child protection system in line with their best interest and taking into consideration their views and needs. Families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
2021/12/09
Committee: LIBE
Amendment 1866 #
Proposal for a regulation
Article 34 – paragraph 2
2. Where there is a proven risk of absconding, Member States, as measure of last resort, may detain the person concerned in order to secure a transfer proceduresafter a final transfer decision has been taken and notified in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
2021/12/09
Committee: LIBE
Amendment 1874 #
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out, and in any case shall not exceed three months.
2021/12/09
Committee: LIBE
Amendment 1883 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
2021/12/09
Committee: LIBE
Amendment 1895 #
Proposal for a regulation
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to way they could not be applied effectively.
2021/12/09
Committee: LIBE
Amendment 1899 #
Proposal for a regulation
Article 34 – paragraph 5
5. As regards the detention conditions, which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.
2021/12/09
Committee: LIBE
Amendment 2015 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressureof first entry or subject to disembarkations following, including after search and rescue operations shall consist of the followand activities shall be established according to the procedure provided ing types:his Article.
2021/12/09
Committee: LIBE
Amendment 2020 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];deleted
2021/12/09
Committee: LIBE
Amendment 2034 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
(b) return sponsorship of illegally staying third-country nationals;deleted
2021/12/09
Committee: LIBE
Amendment 2036 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1);deleted
2021/12/09
Committee: LIBE
Amendment 2045 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
(d) capacity-building measures in the field of asylum, reception and return, operational support and measures aimed at responding to migratory trends affecting the benefitting Member State through cooperation with third countries.deleted
2021/12/09
Committee: LIBE
Amendment 2058 #
Proposal for a regulation
Article 45 – paragraph 1 a (new)
1a. Where no meaningful links can be established, the Commission, assisted by the Asylum Agency, shall identify the Member State with the lowest number of applicants in relation to its share, calculated on the basis of the distribution key, as the Member State responsible. The European Commission will immediately notify this Member State which will be responsible for examining the application and the Member State of first entry.
2021/12/09
Committee: LIBE
Amendment 2061 #
Proposal for a regulation
Article 45 – paragraph 1 b (new)
1b. The Member State of first entry, in cooperation with the Asylum Agency, shall immediately inform the applicant about the determination of responsibility as referred to in paragraph2 of this Article, and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
2021/12/09
Committee: LIBE
Amendment 2062 #
Proposal for a regulation
Article 45 – paragraph 1 c (new)
1c. The procedure established by this Article shall apply to applicants arrived in a Member State by land, air or sea, including after disembarkation and following search and rescue operations and activities.
2021/12/09
Committee: LIBE
Amendment 2063 #
Proposal for a regulation
Article 45 – paragraph 1 d (new)
1d. The share calculated according to the distribution key may be adjusted when a Member State demonstrates that over the proceeding 10 years it has been responsible for twice the Union average per capita of applicants for international protection.
2021/12/09
Committee: LIBE
Amendment 2067 #
Proposal for a regulation
Article 45 – paragraph 2
2. Such contributions may, pursuant to Article 56, also consist of: (a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]; (b) relocation of illegally staying third- country nationals.deleted
2021/12/09
Committee: LIBE
Amendment 2105 #
Proposal for a regulation
Article 47 – title
47 Solidarity for disembarkations following search and rescue activities and operations
2021/12/09
Committee: LIBE
Amendment 2107 #
Proposal for a regulation
Article 47 – paragraph 1
1. This Article and Articles 148 and 495 shall also apply to search and rescue oparrivals, connected to search and rescue activities as referred to in the 1979 Internations that generate recurring arrivalsal Convention Maritime on Search and Rescue adopted in Hamburg, Germany, on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No656/2014, leading to disembarkation of third- country nationals orand stateless persons on to the territory of a Member State and to vulnerable persons as set out in Article 49(4).
2021/12/09
Committee: LIBE
Amendment 2112 #
Proposal for a regulation
Article 47 – paragraph 2
2. Where the Migration Management Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concernedIn the context of disembarkations following search and rescue activities and operations, as defined in paragraph 1, the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation, shall be addressed as a matter of urgency and in a spirit of solidarity, pursuant to Articles 14 and 45.
2021/12/09
Committee: LIBE
Amendment 2207 #
Proposal for a regulation
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory pressure; and
2021/12/09
Committee: LIBE
Amendment 2211 #
Proposal for a regulation
Article 50 – paragraph 1 – point b
(b) on the basis of available information, it considers that aone or more Member States may be under migratory pressure, due to a constant level of arrivals, including after disembarkation, which would undermine the effective functioning of the procedures foreseen in Articles 14 and 45 of this Regulation.
2021/12/09
Committee: LIBE
Amendment 2216 #
Proposal for a regulation
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member States in question. The Commission shall inform the European Parliament, the Council and the Member States concerned, without delay, that it is undertaking an assessment.
2021/12/09
Committee: LIBE
Amendment 2221 #
Proposal for a regulation
Article 50 – paragraph 3 – point a
(a) the total number of applications for international protection by third-country nationals and the nationality of the applicants;
2021/12/09
Committee: LIBE
Amendment 2223 #
Proposal for a regulation
Article 50 – paragraph 3 – point b
(b) the number of third-country nationals who have been detected by Member State authorities while not fulfilling, or no longer fulfilling, the conditions for entry, stay or residence in the Member State including overstayers within the meaning of Article 3(1)(19) of Regulation (EU) 2017/2226 of the European Parliament and of the Council58 ; _________________ 58 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011, OJ L 327, 9.12.2017, p. 20.deleted
2021/12/09
Committee: LIBE
Amendment 2235 #
Proposal for a regulation
Article 50 – paragraph 3 – point f
(f) the number of incoming and outgoing take charge requests and take back notifications in accordance with Articles 34 and 36;deleted
2021/12/09
Committee: LIBE
Amendment 2239 #
Proposal for a regulation
Article 50 – paragraph 3 – point g
(g) the number of transfers carried out in accordance with Article 31;deleted
2021/12/09
Committee: LIBE
Amendment 2242 #
Proposal for a regulation
Article 50 – paragraph 3 – point h
(h) the number of persons apprehendidentified in connection with an irregular crossing of the external land, sea or air border;
2021/12/09
Committee: LIBE
Amendment 2249 #
Proposal for a regulation
Article 50 – paragraph 3 – point j
(j) the number and nationality of third- country nationals disembarked and following search and rescue operations and activities, including the number of applications for international protection;
2021/12/09
Committee: LIBE
Amendment 2251 #
Proposal for a regulation
Article 50 – paragraph 3 – point k
(k) the number of vulnerable migrants, in particular unaccompanied minors.
2021/12/09
Committee: LIBE
Amendment 2254 #
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
(ka) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload.
2021/12/09
Committee: LIBE
Amendment 2260 #
Proposal for a regulation
Article 50 – paragraph 4 – point b
(b) the level of cooperation on migration with third countries of origin and transit, first countries of asylum, and safe third countries as defined in Regulation (EU) XXX/XXX [Asylum Procedure Regulation];deleted
2021/12/09
Committee: LIBE
Amendment 2263 #
Proposal for a regulation
Article 50 – paragraph 4 – point f
(f) the Migration Management Report referred to in Article 6(4);deleted
2021/12/09
Committee: LIBE
Amendment 2267 #
Proposal for a regulation
Article 50 – paragraph 4 – point h
(h) information from the visa liberalisation reporting process and dialogues with third countries;deleted
2021/12/09
Committee: LIBE
Amendment 2275 #
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
1. The Commission shall consult the Member States concerned during its assessment undertaken pursuant to Article 50(1).
2021/12/09
Committee: LIBE
Amendment 2281 #
Proposal for a regulation
Article 51 – paragraph 2
2. In the report, the Commission shall state and explain whether the Member States concerned isare under migratory pressure.
2021/12/09
Committee: LIBE
Amendment 2285 #
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member States concerned isare under migratory pressure, the report shall identify:
2021/12/09
Committee: LIBE
Amendment 2288 #
Proposal for a regulation
Article 51 – paragraph 3 – point a
(a) the capacity of the Member States under migratory pressure in the field of migration management, in particular asylum and return as well as, in particular in its overall needs in managing its asylum and returception caseload;
2021/12/09
Committee: LIBE
Amendment 2292 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member States under migratory pressure should take in the field of migration management, and in particular in the field of asylum and returception;
2021/12/09
Committee: LIBE
Amendment 2299 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
(iii) measures referred to in Article 45(1), point (d) to be taken by other Member States.deleted
2021/12/09
Committee: LIBE
Amendment 2314 #
Proposal for a regulation
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c51(3) (b) (ii). Member States shall prioritise the relocation of unaccompanied minors.
2021/12/09
Committee: LIBE
Amendment 2329 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Where the Solidarity Response Plan includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor.deleted
2021/12/09
Committee: LIBE
Amendment 2339 #
Proposal for a regulation
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.
2021/12/09
Committee: LIBE
Amendment 2356 #
Proposal for a regulation
Article 53 – paragraph 1
1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52(3) or, where the Solidarity Forum is convened pursuant to Article 52(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member States under migratory pressure to be taken by the other Member States and the timeframe for their implementation.
2021/12/09
Committee: LIBE
Amendment 2357 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Where the type of contribution indicated by Member States in their solidarity response plans is that referred to in Article 45(1), point (d), the Commission shall assess whether the measures proposed are in proportion to the contributions that the Member States would have made by means of the measures referred to in Article 45(1), points (a), (b) or (c) as a result of the application of the distribution key set out in Article 54.deleted
2021/12/09
Committee: LIBE
Amendment 2360 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Where the measures proposed are not in proportion to the contributions that the contributing Member State would have made by means of the measures referred to in Article 45(1), points (a), (b) or (c), the Commission shall set out in the implementing act the measures proposed while adjusting their level.deleted
2021/12/09
Committee: LIBE
Amendment 2363 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under Article 51(3)(b)(ii), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 51(3)(b)(ii). The CommissionCommission considers the measures proposed are inadequate, it shall adjust measures referred to in Article 51(3)(b)(iii) indicated by those Member States accordingly.
2021/12/09
Committee: LIBE
Amendment 2364 #
Proposal for a regulation
Article 53 – paragraph 3 – point a
(a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) or (c), taking into account the capacity and needs of the requesting Member States in the area of asylum identified in the report referred to inset of measures foreseen in Article 51 (3) (b) (ii) of this Regulation, including the total number of beneficiaries of international protection pursuant to Article 51 (3) (b) (ii) (b), that shall be relocated;
2021/12/09
Committee: LIBE
Amendment 2365 #
Proposal for a regulation
Article 53 – paragraph 3 – point b
(b) the total number of persons to be subject to return sponsorship from the requesting Member State pursuant to Article 45(1), point (b), taking into account the capacity and needs of the requesting Member States on return identified in the report referred to in Article 51(3)(b)(ii);deleted
2021/12/09
Committee: LIBE
Amendment 2366 #
Proposal for a regulation
Article 53 – paragraph 3 – point c
(c) the distribution of persons to be relocated and/or those to be subject to return sponsorship among the Member States including the benefitting Member State, on the basis of the distribution key set out in Article 54;deleted
2021/12/09
Committee: LIBE
Amendment 2367 #
Proposal for a regulation
Article 53 – paragraph 3 – point d
(d) the measures indicated by Member States pursuant to second, third and fourth subparagraph of paragraph 2.deleted
2021/12/09
Committee: LIBE
Amendment 2370 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
The distribution referred to in paragraph 3 point (c) shall be adjusted where a Member State making a request pursuant to Article 52(5) demonstrates in the Solidarity Response Plan that over the preceding 5 years it has been responsible for twice the Union average per capita of applications for international protection. In such cases the Member State shall receive a deduction of 10/% of its share calculated according to the distribution key set out in Article 54. This deduction shall be distributed proportionately among the Member States making contributions referred to in Article 45(1) points (a), (b) and (c);deleted
2021/12/09
Committee: LIBE
Amendment 2373 #
Proposal for a regulation
Article 53 – paragraph 4
4. Where contributions have been made in response to a request by a Member State for solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure pursuant to Article 56(1) within the preceding year, and where they correspond to the type of measures set out in the implementing act, the Commission shall deduct these contributions from the corresponding contributions set out in the implementing act.deleted
2021/12/09
Committee: LIBE
Amendment 2380 #
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Articles 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and and 50 to 53 shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
2021/12/09
Committee: LIBE
Amendment 2383 #
2021/12/09
Committee: LIBE
Amendment 2392 #
2021/12/09
Committee: LIBE
Amendment 2398 #
2021/12/09
Committee: LIBE
Amendment 2430 #
Proposal for a regulation
Article 56 – title
Other solidarity contribuVoluntary relocation of beneficiaries of international protections
2021/12/10
Committee: LIBE
Amendment 2432 #
Proposal for a regulation
Article 56 – paragraph 1
1. Where a Member State requests solidarity support from other Member States to assist it in addressing the migratory situation on its territory to prevent migratory pressure, it shall notify the Commission of that request.deleted
2021/12/10
Committee: LIBE
Amendment 2436 #
2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or onsituations where there its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]no migratory pressure and where the mechanism established in Article 51 -53 is not applicable, decide to relocate beneficiaries of international protection. In this case it shall inform the Commission without delay.
2021/12/10
Committee: LIBE