24 Amendments of Sylvie GUILLAUME related to 2009/0165(COD)
Amendment 1 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Given that third country nationals or stateless persons who have expressed their wish to apply for international protection are applicants for international protection, they should comply with the obligations and benefit from the rights in accordance with this Directive and the Reception Conditions Directive. To that end, Member States should register that those persons are applicants for international protection as soon as possible.
Amendment 2 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to facilitate access to the examination procedure at border crossing points and in detention facilities, information should be made available on the possibility to request international protection should be made available and easily accessible. Basic communication necessary to enable the competent authorities to understand if persons declare their wish to apply for international protection should be ensured through interpretation arrangements.
Amendment 3 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) With respect to the involvement of the personnel of another authority than that of the determining authority in conducting interviews on the substance of an application, the notion of "timely" as referred in article 14(1)2 shall be assessed against the time limits foreseen in Article 31. The determining authority shall demonstrate that it has insufficient capacity to ensure that an interview on the substance can be conducted within a time frame that enables the authorities to conclude the procedure within the time- limit as laid down in Article 31(3).
Amendment 4 #
Proposal for a directive
Recital 37
Recital 37
Amendment 5 #
Proposal for a directive
Article 2 – point n
Article 2 – point n
(n) "representative" means a person or an organisation appointed by the competent bodies to act as a legal guardian in order to assist and represent an unaccompanied minor in procedures provided for in this Directive with a view to ensuring the child's best interests and exercising legal capacity for the minor where necessary. Where an organisation acts as a representative, it shall appoint a person responsible for carrying out the duties of the legal guardian in respect of the minor, in accordance with this Directive. The organisation has to prove available capacities to carry out the duties fully;
Amendment 6 #
Proposal for a directive
Article 4 – paragraph 2 - point b
Article 4 – paragraph 2 - point b
Amendment 7 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the personnel of the determining authority and of the other competent authorities are properly trained. To that end, Member States shall provide for initial and, where relevant, follow- up training which shall include the elements listed in Article 6(4) (a) to (e) of Regulation (EU) No 439/2010. Member States shall also take into account and the training established and developed by the European Asylum Support Office. As part of the adequate training of the personnel, Member States shall also ensure continuous psychological guidance and assistance of the personnel.
Amendment 8 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where a large number of third country nationals or stateless persons simultaneously request international protection, which makes it impossible in practice to respect the 72-hour time limit laid down in paragraph 3, Member States may provide for that time limit to be extended to 7 working days after notification to the Commission of the reasons why registration is not possible within the time limit laid down in paragraph 1.
Amendment 9 #
Proposal for a directive
Article 14 – paragraph 1 - subparagraph 2
Article 14 – paragraph 1 - subparagraph 2
Where a large number of third country nationals or stateless persons simultaneously request international protection, which makes it impossible in practice for the determining authority to conduct timely interviews on the substance of an application, Member States may provide that the personnel of another authority be temporarily involved in conducting such interviews after notification to the Commission of the reasons why it is impossible in practice for the determining authority to conduct those interviews within a time frame that enables the determining authority to conclude the procedure within the time- limit as laid down in Article 31(3). In such cases, the personnel of that authority shall receive in advance the necessary training which shall include the elements listed in Article 6(4)(a) to (e) of Regulation (EU) No 439/2010 and in Article 18(5) of this Directive as well as the training established and developed by the European Asylum Support Office.
Amendment 10 #
Proposal for a directive
Article 17 – title
Article 17 – title
Amendment 11 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that a thorough report containing all substantial elements is made of every personal interviewranscript is made of every personal interview, unless the interview is audio or audio-visually recorded.
Amendment 12 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
1. Member States may provide for audio or audio-visual recording of the personal interview. In this case, with the consent of the applicant. In this case, in no way the refusal of an applicant to consent to the recording of his/her personal interview shall prevent the determining authority from taking a decision on the application and Member States shall ensure that the recording of the personal interview is annexed to the reportdmissible as evidence in procedures referred to in Chapter V.
Amendment 13 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure tharequest the applicant has the opportunity to mak’s approval on the commntents and/or provide clarifications with regard to any mistranslations or misconceptions appearing in the report, at the end of the personal interview or within a specified time limitof the transcript at the end of the personal interview or within a specified time limit taking into account the nature of the applicable procedure for granting international protection before the determining authority takes a decision. To that end, Member States shall ensure that the applicant is fully informed of thhas the opportunity to make contmment of the report, with the assistance of an interpreter if necessary. Member States shall then request the approval of the applicant on the content of the repors and/or provide clarifications with regard to any mistranslations or misconceptions appearing in the transcript.
Amendment 14 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where an applicant refuses to approve the content of the reportranscript, the reasons for this refusal shall be entered into the applicant's file. The refusal of an applicant to approve the content of the reportranscript shall not prevent the determining authority from taking a decision on this/her application.
Amendment 15 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Applicants and their legal adviser or other counsellor, as defined in article 23, shall not be denied access to the report andtranscipt or, where applicable, the recording, before the determining authority takes a decision.
Amendment 16 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 17 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member States may allow non- governmental organisations to provide legal assistance and/or representation to applicants for international protection in procedures provided for in Chapter III and Chapter V in accordance with national law.
Amendment 18 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph a
Article 25 – paragraph 1 – subparagraph a
(a) take measures as soon as possible to ensure that a representative represents and assists the unaccompanied minor to enable him/her to benefit from the rights and comply with the obligations provided for in this Directive. The representative shallunaccompanied minor shall be informed immediately of the appointment of the representative. In order to establish a level of trust with the unaccompanied minor and to ensure continuity during the procedure, Member States shall ensure that the same representative is responsible for the unaccompanied minor, if possible during the entire procedure. The representative shall be independent and impartial, have the necessary expertise in the field of childcare, a basic knowledge in asylum procedure and shall perform his/her duties in accordance with the principle of the best interests of the child. The representative can also be the representative referred to in Directive […/…/EU] [the Reception Conditions Directive];
Amendment 19 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph b
Article 31 – paragraph 3 – subparagraph b
(b) a large number of third country nationals or stateless persons simultaneously request international protection which makes it impossible in practice to conclude the procedure within the six-month time-limit, subject to the notification to the Commission;
Amendment 20 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 3
Article 31 – paragraph 3 – subparagraph 3
Amendment 21 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Member States shall ensure a regular review of the situation in third countries designated as safe in accordance with this Article and shall report annually to the EASO and the European Parliament. The regular review of the situation in third countries should apply for all safe third countries notions.
Amendment 22 #
Proposal for a directive
Article 39 – paragraph 6
Article 39 – paragraph 6
Amendment 64 #
Proposal for a directive
Recital 20
Recital 20
(20) In addition, special procedural guarantees for vulnerable applicants, such as minors, unaccompanied minors, persons who have been subjected to torture, rape or other serious acts of violence, such as violence based on gender and harmful traditional practices, or disabled persons, should be laid down in order to create the conditions necessary for their effective access to procedures and presenting the elements needed to substantiate the application for international protection.
Amendment 229 #
Proposal for a directive
Article 27 – paragraph 6 – point e
Article 27 – paragraph 6 – point e