2016/0133(COD) 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. Recast
Lead committee dossier:
Progress: Procedure lapsed or withdrawn
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
KELLER Fabienne ( Renew)
|
LENAERS Jeroen ( EPP),
BARTOLO Pietro ( S&D),
CARÊME Damien ( Verts/ALE),
TARDINO Annalisa ( ID),
PROCACCINI Nicola ( ECR),
ERNST Cornelia ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | BUDG | ||
| Committee Opinion | AFET | ||
| Former Committee Opinion | BUDG | ||
| Former Committee Opinion | AFET | ||
| Committee Recast Technique Opinion | JURI | ||
| Fromer Committee Recast Technique Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 078-p2
Legal Basis:
TFEU 078-p2Events
2021/04/23
EC - Proposal withdrawn by Commission
2020/01/29
FR_ASSEMBLY - Contribution
Documents
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2019/09/04
EP - KELLER Fabienne (Renew) appointed as rapporteur in LIBE
2017/11/16
EP - Results of vote in Parliament
Documents
2017/11/16
Request for a plenary vote on the Committee decision to enter into interinstitutional negotiations (Rule 71)
2017/11/16
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2017/11/13
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/11/06
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Cecilia WIKSTRÖM (ALDE, SE) on the proposal for a regulation of the European Parliament and of the Council 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 (recast of the Dublin III Regulation).
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.
Access to the procedures for granting an application for international protection : Member States shall ensure that any third-country national or stateless person on their territory, including at the external border, in the territorial sea or in their transit zones or at border crossing points, including transit zones at external borders, who can reasonably be expected to apply for international protection in a Member State are given the effective possibility to be registered .
If no Member State responsible for examining the application can be designated on the basis of the criteria laid down in the Regulation, the Member State responsible shall be determined in accordance with the corrective allocation mechanism provided for in the Regulation.
Security verification : all applicants would be subject to mandatory security checks including checks against relevant national and European databases.
If necessary, Member State shall carry out a personal security interview in order to establish whether the applicant can, for serious reasons, be considered to be a danger to national security or public order of that Member State. Applicants that pose a security risk will not be transferred to other countries.
Right to information : The applicant shall be informed of his rights and obligations with regard to the registration of the application for international protection. Once the application has been registered, the applicant shall obtain information on:
the provisions on family reunification and the need to provide information as soon as possible to help establish the whereabouts of family members or relatives in other Member States; the possibility of choosing one of the four Member States with the lowest number of applicants in relation to their fair share in accordance with the reference key for the purposes of the corrective mechanism; the possibility of challenging a transfer decision , and the arrangements for doing so, as well as the existence of the right to an effective remedy before a court, including in a situation where no transfer decision is taken; in the case of an unaccompanied minor , the role and responsibilities of the guardian and the procedure to be followed to file, in confidence and security, any complaint against a guardian; the right to request free legal assistance and representation at all stages of the proceedings.
Safeguards granted to minors : Members proposed securing strong safeguards for minors, both accompanied and unaccompanied. Among the main provisions are strengthened rules on best interest assessments, strict requirements on the provision of guardians and the provision of adapted information to children . No transfers of unaccompanied minors will be made without a best-interest assessment by a multidisciplinary team and the presence of a guardian in the receiving Member State. In assessing the best interests of the minor, the minor's right to be heard must be guaranteed.
Moreover, minors shall not be detained . Member States shall accommodate minors and families with minors in non-custodial, community-based placements while their application is processed.
Costs of reception : Members are of the opinion that the reception costs of an applicant met by a determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union .
The Asylum Agency shall become responsible for the transfer of applicants for, or beneficiaries of, international protection in all cases provided for under this Regulation.
Academic or professional diplomas : where the applicant has a diploma or other qualification issued by an educational institution established in a Member State, that Member State shall be responsible for examining the application for international protection.
Sponsorship : a Member State may provide for organisations that have been approved by that Member State in accordance with specific requirements preventing abuse and trafficking in human beings provided for in national law to have the possibility to become the sponsor of an applicant who has lodged an application for international protection in the Union.
Family reunification procedure : Members introduced indicators for the conducting a special family reunification procedure for the applicant to ensure swift family reunification and access to asylum procedures for applicants for whom there are sufficient evidence that they are likely to be eligible for family reunification.
Members also plan to introduce a light procedure when there is sufficient indicators showing that an applicant has meaningful links with a given Member State.
Placement in detention for the purposes of transfer : detention of applicants 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 why they could not be applied effectively. The costs necessary to transfer an applicant to the Member State responsible shall be met by the general budget of the Union.
Corrective allocation mechanism : the allocation mechanism shall be applied to all applications for which a responsible Member State cannot be determined on the basis of the criteria set out in the Regulation. For the purposes of the corrective mechanism, the reference key assigned to each Member State would be determined using a reference formulae.
On the basis of the reference key, a short list of four Member States with the lowest number of applicants relative to their share pursuant to that reference key shall be determined by means of the automated system.
Within five days of that communication the applicant shall be given the opportunity to select a Member State of allocation among the four Member States included in the short list . If the applicant does not select a Member State, the determining Member State shall allocate the applicant to the Member State on the short list with the lowest number of applicants relative to their share pursuant to the reference key.
Members proposed that applicants will also be allowed to register as groups of maximum 30 people . Registering as a group does not give applicants a right to seek protection in a specific country, as in the case for example of family ties, but it gives applicants that have formed close bonds either before leaving their home country or during the journey to remain together and be transferred to the same Member State. This should also reduce risks of secondary movements.
Financial solidarity : Members deleted these provisions from the proposal. They considered that the corrective allocation mechanism is intended to balance the unfair sharing of responsibilities under a system that places a lot of efforts on frontline Member States. Members are opposed to the concept of Member States paying for avoiding a responsibility to assist people in need of international protection.
Reciprocal solidarity : Members have provided for coercive measures for those Member States that do not comply with the rules. Where front-line Member States systematically refuse to register applicants, the relocation of applicants from their territory would be terminated.
Member States refusing to accept relocation of applicants to their territory would face limits on their access to EU-funds and would not be able to use EU-funds for returns of applicants that had their asylum claims rejected.
Transitional arrangements : Members have included a three-year transition period , during which Member States that have historically received many asylum-seekers will continue to shoulder a greater responsibility and where member states with a more limited experience of welcoming asylum seekers would start with a lower share of the responsibility.
Documents
2017/10/19
EP - Vote in committee, 1st reading
2017/10/19
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/06/09
CSL - Debate in Council
Documents
2017/06/09
CSL - Council Meeting
2017/05/17
EP - Committee opinion
Documents
2017/05/04
EP - Committee opinion
Documents
2017/02/24
EP - Committee draft report
Documents
2016/12/14
IT_CHAMBER - Contribution
Documents
2016/12/09
CSL - Council Meeting
2016/12/08
CofR - Committee of the Regions: opinion
Documents
2016/11/13
DE_BUNDESRAT - Contribution
Documents
2016/11/09
RO_SENATE - Contribution
Documents
2016/10/19
ESC - Economic and Social Committee: opinion, report
Documents
2016/10/14
CSL - Debate in Council
Documents
2016/10/14
CSL - Council Meeting
2016/10/05
PT_PARLIAMENT - Contribution
Documents
2016/09/21
EDPS - Document attached to the procedure
Documents
2016/09/12
EP - Committee referral announced in Parliament, 1st reading
2016/05/04
EC - Legislative proposal published
Details
PURPOSE: to amend Regulation (EU) No 604/2013 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 (Dublin III reform).
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: as set out in its 6 April Communication "Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe", the migratory and refugee crisis exposed significant structural weaknesses and shortcomings in the design and implementation of the European asylum system, and of the Dublin rules in particular. The current Dublin system was not designed to ensure a sustainable sharing of responsibility for applicants across the Union. This has led to situations where a limited number of individual Member States had to deal with the vast majority of asylum seekers arriving in the Union, putting the capacities of their asylum systems under strain and leading to some disregard of EU rules. In addition, the effectiveness of the Dublin system is undermined by a set of complex and disputable rules on the determination of responsibility as well as lengthy procedures. In particular, this is the case for the current rules which provide for a shift of responsibility between Member States after a given time.
It is clear that the Dublin system must be reformed, both to simplify it and enhance its effectiveness in practice, and to be equal to the task of dealing with situations when Member States' asylum systems are faced with disproportionate pressure.
This proposal on the reform of the Dublin III Regulation is part of a first set of legislative proposals the Commission is presenting in the context of a major reform of the Common European Asylum System. These proposals include:
this draft Regulation 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; a draft Regulation which aims to extend the scope of the Eurodac Regulation to include the possibility for Member States to store and search data belonging to third-country nationals or stateless persons who are not applicants for international protection and found irregularly staying in the EU; a draft Regulation on the European Union Agency for Asylum which aims to strengthen the mandate of the European Asylum Support Office (EASO).
A second stage of legislative proposals reforming the Asylum Procedures and Qualification Directives, as well as the Reception Conditions Directive is due to follow to ensure the full reform of all parts of the EU asylum system.
CONTENT: this proposal is a recast of Regulation (EU) No 604/2013 of the European Parliament and of the Council 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 ("the Dublin III Regulation").
A summary of the main provisions is as follows:
New fairness mechanism : a new automated system will allow for the registration of all asylum applications made in the EU and the monitoring on a daily basis of the number of applications made in each Member State. The automated system will record every asylum application made in the EU as well as the number of persons in need of protection each Member State effectively resettles from outside the EU.
The new system will automatically establish when a country is handling a disproportionate number of asylum applications . If the number of asylum applications made in a Member States is above 150% of the reference share, the fairness mechanism is automatically triggered . This reference number is identified on the basis of a key, taking account of the country's population size, and the size of its economy. Once the fairness mechanism is triggered, all new applications in the Member State concerned are allocated to other Member States, after an admissibility check has been carried out, until the number of applications is back below the 150% level.
The fairness mechanism will also factor in the effort being made by a Member State to resettle those in need of international protection direct from a third country.
Criteria for the reference key : the reference key is based on two criteria with equal 50% weighting:
the size of the population, and the total GDP of a Member State.
The number of applications for which a given Member State is responsible and the numbers of persons effectively resettled by a Member State form the basis for the calculation using the reference key and threshold.
NB: a Member State will also have the option to temporarily not take part in the allocation. In that case, it would have to make a financial solidarity contribution of EUR 250 000 to the Member State receiving an applicant for whom it would otherwise have been responsible under the fairness mechanism.
Streamlined procedures : procedures will be streamlined, in particular through shorter time limits for the different steps of the determination procedure, transfers and access to the asylum procedure:
take charge requests, asking another Member State to take over responsibility for an application, have to be sent within one month and a decision taken by the receiving country within one month of receipt of the request. No reply will be tantamount to accepting the request; requests from one Member State to another to take back an applicant for whom the latter is responsible and who has absconded ('take back requests') will be transformed into simple take back notifications. Such notifications have to be submitted within two weeks of registration and do not require a reply, only a confirmation of receipt. All Member States will be under a clear obligation to take back applicants they are responsible for; appeals against transfer decisions will be dealt with within 15 days; proper registration of all asylum applications in the EU should help detect multiple applications and prevent irregular secondary movements .
Obligations for applicants : the new system introduces clear legal obligations for applicants:
explicit obligation for applicants to apply for asylum in the Member State of first irregular entry or in the Member State where a person has stayed legally prior to the application for asylum. This will make clear that applicants do not have the right to choose in which Member State they submit their application . In case an asylum applicant does not comply with this new obligation, Member States must examine the application in an accelerated procedure; applicants will also be obliged to provide all relevant information for determining the Member State responsible for their claim in a timely manner and failure to comply will have proportionate procedural consequences, such as the preclusion of information submitted unjustifiably late; to discourage secondary movements, applicants will only be entitled to material reception rights in the country where he or she is required to be present, with the exception of emergency healthcare; an obligation for the Member State of application to check whether the applicant comes from a first country of asylum or a safe third country . The Member State making this admissibility check will be considered responsible for these applications. The Member State of application must also check whether the applicant comes from a safe country of origin or presents a security risk, in which case they have to examine the application through an accelerated procedure.
Best interests of children and unaccompanied minors : under the new system, the rights of unaccompanied minors will be enhanced and the assessment of the best interests of the child reinforced. The proposal clarifies that the Member State where the minor first lodged his or her application for international protection will be responsible, unless it is demonstrated that this is not in the best interests of the minor. Appeals will be accelerated but will have automatic suspensive effects, meaning no transfers will be carried out while the appeal is ongoing. The rights of unaccompanied minors have been strengthened through better defining the principle of the best interests of the child and by setting out a mechanism for making a best interests of the child-determination in all circumstances implying the transfer of a minor.
New safeguards for asylum seekers :
reinforced family reunification : the right to family reunification of asylum seekers present on the EU territory will be reinforced and the scope will be extended to also include siblings of an applicant as well as families formed in transit, after leaving the country of origin but before arrival on the territory of the Member State; detention : under the new system, the detention period for the purpose of transfers has been significantly reduced, from six to four weeks.
Review clause : the Commission will review the functioning of the fairness mechanism 18 months after entry into force of the Regulation and annually from then on in order to assess whether the objective of ensuring a proportionate sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States is met. This review will in particular verify that the threshold for triggering the mechanism is effective.
Territorial provisions : the United Kingdom and Ireland may participate in this proposal, but are not required to do so, in accordance with the relevant Protocols attached to the Treaties. As regards Denmark, it has an opt out and does not participate in justice and home affairs measures. However, Denmark applies the current Regulation on the basis of an international agreement concluded in 2006. Under that agreement, Denmark may opt in to the recast Regulation.
BUDGETARY IMPLICATIONS: the total financial resources necessary to support the implementation of this proposal amount to EUR 1828.6 million foreseen for the period 2017-2020. This would cover the transfer costs once the corrective allocation mechanism has been triggered for the benefit of a Member State, the establishment and operation of the IT system for the registration and automatic allocation of asylum applicants.
Documents
Documents
- Contribution: COM(2016)0270
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading: A8-0345/2017
- Debate in Council: 3545
- Committee opinion: PE597.582
- Committee opinion: PE599.593
- Committee draft report: PE599.751
- Contribution: COM(2016)0270
- Committee of the Regions: opinion: CDR3267/2016
- Contribution: COM(2016)0270
- Contribution: COM(2016)0270
- Economic and Social Committee: opinion, report: CES2981/2016
- Debate in Council: 3490
- Contribution: COM(2016)0270
- Document attached to the procedure: N8-0002/2017
- Document attached to the procedure: OJ C 009 12.01.2017, p. 0003
- Legislative proposal published: COM(2016)0270
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: N8-0002/2017 OJ C 009 12.01.2017, p. 0003
- Economic and Social Committee: opinion, report: CES2981/2016
- Committee of the Regions: opinion: CDR3267/2016
- Committee draft report: PE599.751
- Committee opinion: PE599.593
- Committee opinion: PE597.582
- Contribution: COM(2016)0270
- Contribution: COM(2016)0270
- Contribution: COM(2016)0270
- Contribution: COM(2016)0270
- Contribution: COM(2016)0270
Activities
- Cecilia WIKSTRÖM
Plenary Speeches (1)
Votes
A8-0345/2017 - Cecilia Wikström - Décision d'engager les négociations interinstitutionnelles 16/11/2017 12:18:05.000 #
2017/11/16 Outcome: +: 390, -: 175, 0: 44
PPE
ALDE
NI
ENF
EFDD| Amendments | Dossier |
| 1614 |
2016/0133(COD)
2017/02/16
BUDG
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Proposal for a regulation Article 23 – paragraph 3 Amendment 288 #
Proposal for a regulation Article 23 – paragraph 4 Amendment 29 #
Proposal for a regulation Recital 14 Amendment 290 #
Proposal for a regulation Article 24 Amendment 291 #
Proposal for a regulation Article 24 – paragraph 1 Amendment 292 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Amendment 293 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 2 Amendment 294 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 3 Amendment 295 #
Proposal for a regulation Article 24 – paragraph 2 Amendment 296 #
Proposal for a regulation Article 24 – paragraph 2 – subparagraph 1 Amendment 297 #
Proposal for a regulation Article 24 – paragraph 2 – subparagraph 2 Amendment 299 #
Proposal for a regulation Article 25 – paragraph 1 Amendment 30 #
Proposal for a regulation Recital 15 (15) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation.
Amendment 300 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 301 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 302 #
Proposal for a regulation Article 25 – paragraph 4 Amendment 303 #
Proposal for a regulation Article 25 – paragraph 4 – point a Amendment 304 #
Proposal for a regulation Article 25 – paragraph 4 – point a – point i Amendment 305 #
Proposal for a regulation Article 25 – paragraph 4 – point a – point ii Amendment 306 #
Proposal for a regulation Article 25 – paragraph 4 – point b Amendment 307 #
Proposal for a regulation Article 25 – paragraph 4 – point b – point i Amendment 308 #
Proposal for a regulation Article 25 – paragraph 4 – point b – point ii Amendment 309 #
Proposal for a regulation Article 25 – paragraph 5 Amendment 31 #
Proposal for a regulation Recital 16 Amendment 310 #
Proposal for a regulation Article 25 – paragraph 6 Amendment 311 #
Proposal for a regulation Article 25 – paragraph 7 Amendment 312 #
Proposal for a regulation Chapter 6 – section 4 Amendment 313 #
Proposal for a regulation Article 26 Amendment 314 #
Proposal for a regulation Article 26 – paragraph 1 Amendment 315 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 316 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 317 #
Proposal for a regulation Article 26 – paragraph 4 Amendment 318 #
Proposal for a regulation Article 26 – paragraph 4 – subparagraph 1 Amendment 32 #
Proposal for a regulation Recital 17 (17) In order to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first lodged
Amendment 320 #
Proposal for a regulation Article 27 Amendment 321 #
Proposal for a regulation Article 27 – paragraph 1 Amendment 322 #
Proposal for a regulation Article 27 – paragraph 2 Amendment 323 #
Proposal for a regulation Article 27 – paragraph 3 Amendment 324 #
Proposal for a regulation Article 27 – paragraph 4 Amendment 325 #
Proposal for a regulation Article 27 – paragraph 4 – subparagraph 1 Amendment 326 #
Amendment 327 #
Proposal for a regulation Article 27 – paragraph 5 Amendment 329 #
Proposal for a regulation Article 28 – paragraph 1 Amendment 33 #
Proposal for a regulation Recital 19 (19) The definition of a family member in this Regulation should not include the sibling or siblings of the applicant. Reuniting siblings is
Amendment 330 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 331 #
Proposal for a regulation Article 28 – paragraph 3 Amendment 332 #
Proposal for a regulation Article 28 – paragraph 4 Amendment 333 #
Proposal for a regulation Article 28 – paragraph 5 Amendment 334 #
Proposal for a regulation Article 28 – paragraph 6 Amendment 335 #
Proposal for a regulation Article 28 – paragraph 7 Amendment 336 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 1 Amendment 337 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 2 Amendment 338 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 3 Amendment 339 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 4 Amendment 34 #
Proposal for a regulation Recital 20 Amendment 340 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 5 Amendment 341 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 6 Amendment 344 #
Proposal for a regulation Article 29 – paragraph 1 Amendment 345 #
Proposal for a regulation Article 29 – paragraph 2 Amendment 346 #
Proposal for a regulation Article 29 – paragraph 3 Amendment 347 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 1 Amendment 348 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 2 Amendment 349 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 3 Amendment 35 #
Proposal for a regulation Recital 21 Amendment 350 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 4 Amendment 351 #
Proposal for a regulation Article 29 – paragraph 4 Amendment 353 #
Proposal for a regulation Article 30 Amendment 354 #
Proposal for a regulation Article 30 – paragraph 1 Amendment 355 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 1 Amendment 356 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 2 Amendment 357 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 3 Amendment 358 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 4 Amendment 359 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 5 Amendment 36 #
Proposal for a regulation Recital 22 (22) In order to ensure that
Amendment 360 #
Proposal for a regulation Article 30 – paragraph 2 Amendment 361 #
Proposal for a regulation Article 30 – paragraph 3 Amendment 362 #
Proposal for a regulation Article 31 Amendment 363 #
Proposal for a regulation Article 31 – paragraph 1 Amendment 364 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 365 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 367 #
Proposal for a regulation Article 32 – paragraph 1 Amendment 368 #
Proposal for a regulation Article 32 – paragraph 2 Amendment 369 #
Proposal for a regulation Article 32 – paragraph 2 – point a Amendment 37 #
Proposal for a regulation Recital 23 Amendment 370 #
Proposal for a regulation Article 32 – paragraph 2 – point b Amendment 371 #
Proposal for a regulation Article 32 – paragraph 2 – point c Amendment 372 #
Proposal for a regulation Article 32 – paragraph 2 – point d Amendment 373 #
Proposal for a regulation Article 32 – paragraph 3 Amendment 374 #
Proposal for a regulation Article 32 – paragraph 4 Amendment 375 #
Proposal for a regulation Article 32 – paragraph 5 Amendment 377 #
Amendment 378 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 1 Amendment 379 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 2 Amendment 38 #
Proposal for a regulation Recital 24 Amendment 380 #
Proposal for a regulation Article 33 – paragraph 2 Amendment 381 #
Proposal for a regulation Article 33 – paragraph 3 Amendment 382 #
Proposal for a regulation Article 33 – paragraph 4 Amendment 383 #
Proposal for a regulation Article 33 – paragraph 5 Amendment 384 #
Proposal for a regulation Article 33 – paragraph 6 Amendment 385 #
Proposal for a regulation Article 34 Amendment 386 #
Proposal for a regulation Article 34 – paragraph 1 Amendment 387 #
1. The allocation mechanism referred to in this Chapter shall be applied voluntarily for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 388 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 389 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 1
Amendment 39 #
Proposal for a regulation Recital 25 Amendment 390 #
Proposal for a regulation Article 34 – paragraph 3 Amendment 391 #
Proposal for a regulation Article 34 – paragraph 4 Amendment 392 #
Proposal for a regulation Article 34 – paragraph 5 Amendment 393 #
Proposal for a regulation Article 34 – paragraph 6 Amendment 394 #
Proposal for a regulation Article 35 Amendment 395 #
Proposal for a regulation Article 35 – paragraph 1 Amendment 396 #
Proposal for a regulation Article 35 – paragraph 2 Amendment 397 #
Proposal for a regulation Article 35 – paragraph 2 – point a Amendment 398 #
Proposal for a regulation Article 35 – paragraph 2 – point a (a) the size of the population (
Amendment 399 #
Proposal for a regulation Article 35 – paragraph 2 – point b Amendment 40 #
Proposal for a regulation Recital 26 Amendment 400 #
Proposal for a regulation Article 35 – paragraph 2 – point b (b) the total GDP (
Amendment 401 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) the migration burden already endured by the country (50% weighting).
Amendment 402 #
Proposal for a regulation Article 35 – paragraph 3 Amendment 403 #
Proposal for a regulation Article 35 – paragraph 4 Amendment 404 #
Proposal for a regulation Article 36 Amendment 405 #
Proposal for a regulation Article 36 – paragraph 1 Amendment 406 #
Proposal for a regulation Article 36 – paragraph 2 Amendment 407 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 408 #
Proposal for a regulation Article 36 – paragraph 4 Amendment 409 #
Proposal for a regulation Article 37 Amendment 41 #
Proposal for a regulation Recital 27 (27) The detention of applicants should be a
Amendment 411 #
Proposal for a regulation Article 37 – paragraph 1 Amendment 412 #
Proposal for a regulation Article 37 – paragraph 1 1.
Amendment 413 #
Proposal for a regulation Article 37 – paragraph 2 Amendment 414 #
Proposal for a regulation Article 37 – paragraph 2 Amendment 415 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 416 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 417 #
Proposal for a regulation Article 37 – paragraph 4 Amendment 418 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 419 #
Proposal for a regulation 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
Amendment 42 #
Proposal for a regulation Recital 28 Amendment 420 #
Proposal for a regulation Article 37 – paragraph 4 Amendment 421 #
Proposal for a regulation Article 37 – paragraph 5 Amendment 422 #
Proposal for a regulation Article 37 – paragraph 5 Amendment 423 #
Proposal for a regulation 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
Amendment 424 #
Proposal for a regulation Article 38 Amendment 425 #
Proposal for a regulation Article 38 – paragraph 1 Amendment 426 #
Proposal for a regulation Article 38 – paragraph a Amendment 427 #
Proposal for a regulation Article 38 – paragraph b Amendment 428 #
Proposal for a regulation Article 38 – paragraph c Amendment 429 #
Proposal for a regulation Article 39 Amendment 43 #
Proposal for a regulation Recital 29 Amendment 430 #
Proposal for a regulation Article 39 – paragraph 1 Amendment 431 #
Proposal for a regulation Article 39 – paragraph 1 – point a Amendment 432 #
Proposal for a regulation Article 39 – paragraph 1 – point b Amendment 433 #
Proposal for a regulation Article 39 – paragraph 1 – point c Amendment 434 #
Proposal for a regulation Article 39 – paragraph 1 – point d Amendment 435 #
Proposal for a regulation Article 39 – paragraph 1 – point e Amendment 436 #
Proposal for a regulation Article 39 – paragraph 1 – point f Amendment 437 #
Proposal for a regulation Article 39 – paragraph 1 – point g Amendment 438 #
Proposal for a regulation Article 39 – paragraph 1 – point h Amendment 439 #
Proposal for a regulation Article 40 Amendment 44 #
Proposal for a regulation Recital 30 Amendment 440 #
Proposal for a regulation Article 40 – paragraph 1 Amendment 441 #
Proposal for a regulation Article 40 – paragraph 2 Amendment 442 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 Amendment 443 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 2 Amendment 444 #
Proposal for a regulation Article 40 – paragraph 3 Amendment 445 #
Proposal for a regulation Article 40 – paragraph 4 Amendment 446 #
Proposal for a regulation Article 41 Amendment 447 #
Proposal for a regulation Article 41 – paragraph 1 Amendment 448 #
Proposal for a regulation Article 41 – paragraph 2 Amendment 449 #
Proposal for a regulation Article 42 Amendment 45 #
Proposal for a regulation Recital 31 (31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and
Amendment 450 #
Proposal for a regulation Article 42 – paragraph 1 Amendment 451 #
Amendment 452 #
Proposal for a regulation Article 43 – paragraph 1 Amendment 453 #
Proposal for a regulation Article 43 – paragraph 1 The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below
Amendment 454 #
Proposal for a regulation Article 43 – paragraph 2 Amendment 455 #
Proposal for a regulation Article 44 A
Amendment 456 #
Proposal for a regulation Article 44 – paragraph 1 Amendment 457 #
Amendment 458 #
Proposal for a regulation Article 44 – paragraph 3 Amendment 459 #
Proposal for a regulation Article 44 – paragraph 4 Amendment 46 #
Proposal for a regulation Recital 31 (31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 460 #
Proposal for a regulation Article 45 Amendment 461 #
Proposal for a regulation Article 45 – paragraph 1 Amendment 462 #
Proposal for a regulation Article 45 – paragraph 2 Amendment 463 #
Proposal for a regulation Article 45 – paragraph 3 Amendment 464 #
Proposal for a regulation Article 45 – paragraph 4 Amendment 466 #
Proposal for a regulation Article 46 – paragraph 1 Amendment 467 #
Proposal for a regulation Article 46 – paragraph 1 – point a Amendment 468 #
Proposal for a regulation Article 46 – paragraph 1 – point b Amendment 469 #
Proposal for a regulation Article 46 – paragraph 1 – point c Amendment 47 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference key.
Amendment 470 #
Proposal for a regulation Article 46 – paragraph 2 Amendment 471 #
Proposal for a regulation Article 46 – paragraph 2 – point a Amendment 472 #
Proposal for a regulation Article 46 – paragraph 2 – point b Amendment 473 #
Proposal for a regulation Article 46 – paragraph 2 – point c Amendment 474 #
Proposal for a regulation Article 46 – paragraph 2 – point d Amendment 475 #
Proposal for a regulation Article 46 – paragraph 2 – point e Amendment 476 #
Proposal for a regulation Article 46 – paragraph 2 – point f Amendment 477 #
Proposal for a regulation Article 46 – paragraph 2 – point g Amendment 478 #
Proposal for a regulation Article 46 – paragraph 3 Amendment 479 #
Proposal for a regulation Article 46 – paragraph 4 Amendment 48 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 1
Amendment 480 #
Proposal for a regulation Article 46 – paragraph 5 Amendment 481 #
Proposal for a regulation Article 46 – paragraph 6 Amendment 482 #
Proposal for a regulation Article 46 – paragraph 7 Amendment 483 #
Proposal for a regulation Article 46 – paragraph 7 – point a Amendment 484 #
Proposal for a regulation Article 46 – paragraph 7 – point b Amendment 485 #
Proposal for a regulation Article 46 – paragraph 7 – point c Amendment 486 #
Proposal for a regulation Article 46 – paragraph 8 Amendment 487 #
Proposal for a regulation Article 47 Amendment 488 #
Proposal for a regulation Article 47 – paragraph 1 Amendment 489 #
Proposal for a regulation Article 47 – paragraph 2 Amendment 49 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered
Amendment 490 #
Proposal for a regulation Article 47 – paragraph 3 Amendment 491 #
Proposal for a regulation Article 47 – paragraph 4 Amendment 492 #
Proposal for a regulation Article 48 A
Amendment 493 #
Proposal for a regulation Article 48 – paragraph 1 Amendment 494 #
Proposal for a regulation Article 48 – paragraph 1 – point a Amendment 495 #
Proposal for a regulation Article 48 – paragraph 1 – point b Amendment 496 #
Proposal for a regulation Article 48 – paragraph 2 Amendment 497 #
Proposal for a regulation Article 49 Amendment 498 #
Proposal for a regulation Article 49 – paragraph 1 Amendment 50 #
Proposal for a regulation Recital 33 Amendment 500 #
Proposal for a regulation Article 50 Amendment 501 #
Proposal for a regulation Article 50 – paragraph 1 Amendment 502 #
Proposal for a regulation Article 50 – paragraph 2 Amendment 503 #
Proposal for a regulation Article 50 – paragraph 3 Amendment 504 #
Proposal for a regulation Article 51 Amendment 505 #
Proposal for a regulation Article 51 – paragraph 1 Amendment 506 #
Proposal for a regulation Article 52 Amendment 507 #
Proposal for a regulation Article 52 – paragraph 1 Amendment 508 #
Proposal for a regulation Article 53 Amendment 509 #
Proposal for a regulation Article 53 – paragraph 1 Amendment 51 #
Proposal for a regulation Recital 34 Amendment 510 #
Proposal for a regulation Article 53 – paragraph 2 Amendment 511 #
Proposal for a regulation Article 54 Amendment 512 #
Proposal for a regulation Article 54 – paragraph 1 Amendment 513 #
Proposal for a regulation Article 54 – paragraph 1 – point a Amendment 514 #
Proposal for a regulation Article 54 – paragraph 1 – point b Amendment 515 #
Proposal for a regulation Article 54 – paragraph 1 – point c Amendment 516 #
Proposal for a regulation Article 55 A
Amendment 517 #
Proposal for a regulation Article 55 – paragraph 1 Amendment 518 #
Proposal for a regulation Article 56 Amendment 519 #
Proposal for a regulation Article 56 – paragraph 1 Amendment 52 #
Proposal for a regulation Recital 34 (34) Under the allocation mechanism, the costs of transfer of an applicant to the Member State of allocation should be reimbursed from the EU budget as an EUR 500 lump sum per person transferred.
Amendment 520 #
Proposal for a regulation Article 56 – paragraph 2 Amendment 521 #
Proposal for a regulation Article 56 – paragraph 2 – subparagraph 1 Amendment 522 #
Proposal for a regulation Article 56 – paragraph 2 – subparagraph 2 Amendment 523 #
Proposal for a regulation Article 57 Amendment 524 #
Proposal for a regulation Article 57 – paragraph 1 Amendment 525 #
Proposal for a regulation Article 57 – paragraph 2 Amendment 526 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 527 #
Proposal for a regulation Article 57 – paragraph 4 Amendment 528 #
Proposal for a regulation Article 57 – paragraph 5 Amendment 529 #
Proposal for a regulation Article 57 – paragraph 6 Amendment 53 #
Proposal for a regulation Recital 35 Amendment 530 #
Proposal for a regulation Article 58 Amendment 531 #
Proposal for a regulation Article 58 – paragraph 1 Amendment 532 #
Proposal for a regulation Article 58 – paragraph 1 By [1
Amendment 533 #
Proposal for a regulation Article 58 – paragraph 2 Amendment 534 #
Proposal for a regulation Article 58 – paragraph 2 By [
Amendment 535 #
Proposal for a regulation Article 58 – paragraph 3 Amendment 536 #
Proposal for a regulation Article 59 Amendment 537 #
Proposal for a regulation Article 59 – paragraph 1 Amendment 538 #
Proposal for a regulation Article 59 – paragraph 2 Amendment 539 #
Proposal for a regulation Article 59 – paragraph 2 – subparagraph 1 Amendment 54 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead.
Amendment 541 #
Proposal for a regulation Article 60 Amendment 542 #
Proposal for a regulation Article 60 – paragraph 1 Amendment 543 #
Proposal for a regulation Article 60 – paragraph 2 Amendment 544 #
Proposal for a regulation Article 61 Amendment 545 #
Proposal for a regulation Article 61 – paragraph 1 Amendment 546 #
Proposal for a regulation Article 61 – paragraph 2 Amendment 547 #
Proposal for a regulation Article 61 – paragraph 4 Amendment 548 #
Proposal for a regulation Annex I Amendment 549 #
Amendment 55 #
Proposal for a regulation Recital 35 (35)
Amendment 550 #
Proposal for a regulation Annex I – paragraph 1 Amendment 551 #
Proposal for a regulation Annex I – paragraph 2 Amendment 552 #
Proposal for a regulation Annex I – subheading 2 Amendment 56 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR
Amendment 57 #
Proposal for a regulation Recital 36 Amendment 58 #
Proposal for a regulation Recital 36 (36)
Amendment 59 #
Proposal for a regulation Recital 37 (37) The progressive creation of an area without internal frontiers in which free movement of persons is guaranteed
Amendment 60 #
Proposal for a regulation Recital 38 Amendment 61 #
Proposal for a regulation Recital 38 (38) The
Amendment 62 #
Proposal for a regulation Recital 39 Amendment 63 #
Proposal for a regulation Recital 39 (39) The
Amendment 64 #
Proposal for a regulation Recital 40 Amendment 65 #
Proposal for a regulation Recital 40 (40)
Amendment 66 #
Proposal for a regulation Recital 41 Amendment 67 #
Proposal for a regulation Recital 42 Amendment 68 #
Proposal for a regulation Recital 43 Amendment 69 #
Proposal for a regulation Recital 44 Amendment 70 #
Proposal for a regulation Recital 45 Amendment 71 #
Proposal for a regulation Recital 46 Amendment 72 #
Proposal for a regulation Recital 47 Amendment 73 #
Proposal for a regulation Recital 48 Amendment 74 #
Proposal for a regulation Recital 49 Amendment 75 #
Proposal for a regulation Recital 50 Amendment 76 #
Proposal for a regulation Recital 51 Amendment 77 #
Proposal for a regulation Recital 52 Amendment 78 #
Proposal for a regulation Recital 53 Amendment 79 #
Proposal for a regulation Recital 54 Amendment 80 #
Proposal for a regulation Recital 55 Amendment 81 #
Proposal for a regulation Recital 55 – paragraph 1 Amendment 83 #
Proposal for a regulation Recital 56 Amendment 84 #
Proposal for a regulation Recital 56 – paragraph 1 Amendment 86 #
Proposal for a regulation Recital 53 Amendment 87 #
Proposal for a regulation Recital 54 Amendment 88 #
Proposal for a regulation Recital 54 – paragraph 1 Amendment 90 #
Proposal for a regulation Recital 53 Amendment 91 #
Proposal for a regulation Recital 54 Amendment 92 #
Proposal for a regulation Recital 57 Amendment 93 #
Proposal for a regulation Article 1 Amendment 94 #
Proposal for a regulation Article 1 – paragraph 1 Amendment 97 #
Proposal for a regulation Article 2 – paragraph 1 – point a Amendment 98 #
Proposal for a regulation Article 2 – paragraph 1 – point b Amendment 99 #
Proposal for a regulation Article 2 – paragraph 1 – point c source: 599.741
2017/03/28
AFET
164 amendments...
Amendment 10 #
Proposal for a regulation Recital 17 Amendment 100 #
Proposal for a regulation Article 7 – paragraph 5 5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. This summary
Amendment 101 #
Proposal for a regulation Article 8 – paragraph 1 1. The best interests of the child shall be assessed on a systematic basis and shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation.
Amendment 102 #
Proposal for a regulation Article 8 – paragraph 1 1. The best interests of the child shall be
Amendment 103 #
Proposal for a regulation Article 8 – paragraph 1 1. The best interests of the child shall be
Amendment 104 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representative represents and/or assists the unaccompanied minor with respect to the relevant procedures provided for in this Regulation. The representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have
Amendment 105 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State where an unaccompanied minor is
Amendment 106 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State where an
Amendment 107 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 This paragraph shall be without prejudice to the relevant provisions in Article 25 of Directive 2013/32/EU. Due to the vulnerability of this group of applicants, unaccompanied minors should not be transferred to another Member State except if it is in the child's best interest.
Amendment 108 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 This paragraph shall be without prejudice to the relevant provisions in Article 25 of Directive 2013/32/EU. Due to the vulnerability of this group of applicants, unaccompanied minors should not be transferred to another Member State except if it is in their best interest.
Amendment 109 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the preservation of family life, including family reunification possibilities;
Amendment 11 #
Proposal for a regulation Recital 17 Amendment 110 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) the minor
Amendment 111 #
Proposal for a regulation 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 form of violence and exploitation, including human trafficking;
Amendment 112 #
Proposal for a regulation Article 8 – paragraph 3 – point δ Amendment 113 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3a. The concept of first country of asylum referred to in article 3(3)(a) of this Regulation may only be applied to accompanied minors when it is in their best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the accompanied minor shall immediately benefit from one of the forms of protection referred to in paragraph 1, article 44, of Regulation (EU) No XXX/XXX (Procedures Regulation). The accelerated examination procedure referred to in article 3(3)(b) and 5(1) of this Regulation shall not be applied to minors, whether unaccompanied or not.
Amendment 114 #
Proposal for a regulation Article 8 – paragraph 4 4. Before transferring an unaccompanied minor
Amendment 115 #
Proposal for a regulation Article 8 – paragraph 4 4. Before transferring an unaccompanied minor
Amendment 116 #
Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1 All applications for international protection and requests for family reunification of unaccompanied minors shall be treated with priority. 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 or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 117 #
Proposal for a regulation Article 8 – paragraph νέο5 – subparagraph 1 For the purpose of applying Article 10, the
Amendment 118 #
Proposal for a regulation Article 8 – paragraph νέο5 – subparagraph 2 Amendment 119 #
Proposal for a regulation Article 8 – paragraph new5 – subparagraph 3 The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors. This includes modules on risk assessment to target care and protection depending on the individual needs of the child, with a specific focus on early identification of victims of trafficking and abuse, and training on good practices to prevent disappearance.
Amendment 12 #
Proposal for a regulation Recital 17 (17) In order to prevent that applicants with inadmissible claims or who are not likely
Amendment 120 #
Proposal for a regulation Article 9 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied
Amendment 121 #
Proposal for a regulation Article 9 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied
Amendment 122 #
Amendment 123 #
Proposal for a regulation Article 10 – paragraph 4 4. Where family members 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
Amendment 124 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 125 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 126 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 127 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 128 #
Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin, who has been allowed to reside as a beneficiary of international protection in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing of their own free will.
Amendment 129 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) responsibility for examining the applications for international protection of all the family members and/or minor
Amendment 13 #
Proposal for a regulation Recital 17 a (new) (17a) The concepts of safe countries and safe countries of origin should not prevent the identification of those seeking international protection, the individual examination of asylum applications and appropriate safeguards in respect of non- refoulement.
Amendment 130 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the applicant is in possession of a valid visa
Amendment 131 #
Proposal for a regulation Article 14 – paragraph 4 4. The fact that the residence document or visa was issued on the basis of a false or assumed identity or on submission of forged, counterfeit or invalid documents shall not prevent responsibility being allocated to the Member State which issued it. However, the Member State issuing the residence document or visa shall not be responsible if it can establish that a fraud was committed after the document or visa had been issued. In this case, the State against which the fraud was committed may return the holder of invalid documents, provided that his or her life and physical integrity will not be endangered.
Amendment 132 #
Proposal for a regulation Article 15 – paragraph 1 Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place.
Amendment 133 #
Proposal for a regulation Article 15 – paragraph 1 Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having
Amendment 134 #
Proposal for a regulation Article 15 – paragraph 1 Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place.
Amendment 135 #
Proposal for a regulation Article 15 – paragraph 1 Where it is established, on the basis of
Amendment 136 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 2. When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4), that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot be established — has been living for a continuous period of at least five months in a Member State before lodging the application for international protection, that Member State shall be responsible for examining the application for international protection. If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.
Amendment 137 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 By way of derogation from Article 3(1)
Amendment 138 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 The Member State in which an application for international protection is made and which is carrying out the process of determining the Member State responsible may, at any time before a Member State responsible has been determined, request another Member State to take charge of an applicant in order to bring together any family relations or on the basis of family, cultural or social ties or language skills which would facilitate his or her integration into that other Member State, even where that other Member State is not responsible under the
Amendment 139 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 The Member State in which an application for international protection is made and which is carrying out the process of determining the Member State responsible may, at any time before a Member State responsible has been determined , request another Member State to take charge of an applicant in order to bring together any family relations
Amendment 14 #
Proposal for a regulation Recital 19 (19) The definition of a family member in this Regulation should include the minor sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing secondary movements.
Amendment 140 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 The Member State in which an application for international protection is
Amendment 141 #
Proposal for a regulation Article 20 a (new) Article 20 a Cessation of responsibilities 1. Where a Member State issues a residence document to the applicant, the obligations specified in Article 20(1) shall be transferred to that Member State. 2. The obligations specified in Article 20(1) shall cease if the Member State responsible can establish, upon request to take charge or take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member State for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application lodged after the period of absence referred to in the first subparagraph of this Article shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible. 3. The obligations specified in Article 20(1)(c) and (d) shall cease if the Member State responsible can establish, when requested to take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member State to comply with a return decision or removal order issued following the withdrawal or rejection of the application. An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 142 #
Proposal for a regulation Article 21 – paragraph 1 1. The process of determining the Member State responsible shall start as soon as an application for international protection is first lodged with a Member State
Amendment 143 #
Proposal for a regulation Article 21 – paragraph 5 5. An applicant who is present in another Member State without a residence document or who there lodges an application for international protection after withdrawing his or her first application made in a different Member State during the process of determining the Member State responsible shall be taken back, under the conditions laid down in Articles 26 and 30, by the Member State with which that application for international protection was first lodged. That obligation shall cease if the Member State requested to complete the process of determining the Member State responsible can establish that the applicant has in the meantime left the territory of the Member State for a period of at least three months or has obtained a residence document from another Member State. An application lodged after the period of absence referred to in the second subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 145 #
Proposal for a regulation Article 28 – paragraph new4 Amendment 146 #
Proposal for a regulation Article 29 – 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 always remain a measure of last resort and alternatives to detention shall always be a priority. Children shall not to be detained as detention can never be in the child's best interests.
Amendment 147 #
Proposal for a regulation Article 29 – 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 always remain a measure of last resort and alternatives to detention shall always be a priority. Children shall not to be detained as detention can never be in the child's best interests.
Amendment 148 #
Proposal for a regulation Article 29 – paragraph 2 2. When there is a significant risk of absconding, Member States may detain the person concerned in order to secure transfer procedures 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. When the person concerned is a minor, he or she shall not be detained.
Amendment 149 #
Proposal for a regulation Article 29 – paragraph 4 a (new) 4a. Minors, whether accompanied or unaccompanied, shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Minors and families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 15 #
Proposal for a regulation Recital 19 (19) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence
Amendment 150 #
Proposal for a regulation Article 34 – paragraph 1 1. The automatic, mandatory and permanent allocation mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 151 #
Proposal for a regulation Article 34 – paragraph 1 a (new) 1a. During this time, take charge or take back requests shall be suspended.
Amendment 152 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than
Amendment 153 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under
Amendment 154 #
Proposal for a regulation Article 34 – paragraph 6 6. Upon the notification referred to in paragraph 5, the allocation mechanism shall apply and all take charge or take back requests for that Member State shall be suspended.
Amendment 155 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (b a) the unemployment rate;
Amendment 156 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 157 #
Proposal for a regulation Article 37 Amendment 158 #
Proposal for a regulation Article 37 Amendment 159 #
Proposal for a regulation Article 37 Amendment 16 #
Proposal for a regulation Recital 19 (19) The definition of a family member in this Regulation should include the sibling or siblings of the applicant
Amendment 160 #
Proposal for a regulation Article 37 Amendment 161 #
Proposal for a regulation Article 37 Amendment 162 #
Proposal for a regulation Article 37 Amendment 163 #
Proposal for a regulation Article 37 Amendment 164 #
Proposal for a regulation Article 42 Amendment 165 #
Proposal for a regulation Article 43 – paragraph 1 The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below
Amendment 166 #
Proposal for a regulation Article 43 – paragraph 1 The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below
Amendment 167 #
Proposal for a regulation Article 47 – paragraph 1 1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, take back notifications and, if applicable, complying with their obligations under the allocation mechanism
Amendment 168 #
Proposal for a regulation Article 47 – paragraph 2 Amendment 17 #
Proposal for a regulation Recital 20 Amendment 18 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. Separated children, which are also legally considered as unaccompanied minors, is a distinct category that should require specific attention. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor
Amendment 19 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. Separated children, which are also legally considered as unaccompanied minors, is a distinct category that should require specific attention. In order
Amendment 20 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the
Amendment 21 #
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor
Amendment 22 #
Proposal for a regulation Recital 21 Amendment 23 #
Proposal for a regulation Recital 21 (21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the
Amendment 24 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner.
Amendment 25 #
Proposal for a regulation Recital 23 (23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection
Amendment 26 #
Proposal for a regulation Recital 24 (24) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to
Amendment 27 #
Proposal for a regulation Recital 24 (24) Any person subject to this regulation should have the rights to an effective remedy, in the form of an appeal or review, pursuant to the applicable legislation. In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when
Amendment 28 #
Proposal for a regulation Recital 24 (24) All persons subject to this regulation should have the right to an effective remedy, in the form of an appeal or review, in fact and in law. In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State
Amendment 29 #
Proposal for a regulation Recital 24 (24) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the
Amendment 30 #
Proposal for a regulation Recital 25 (25) The Member State which is determined as responsible under this Regulation
Amendment 31 #
Proposal for a regulation Recital 26 (26) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge, for making take back notifications, and for carrying out transfers, as well as for making and deciding on appeals, should be streamlined and shortened to the greatest extent possible, while respecting the rights of vulnerable persons, in particular the rights of the child and the fundamental principle of the best interests of the child and the principle of family reunification.
Amendment 32 #
Proposal for a regulation Recital 26 (26) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge, for making take
Amendment 33 #
Proposal for a regulation Recital 28 (28) Deficiencies in, or the collapse of, asylum systems, especially in the Member States of first arrival; often aggravated or contributed to by particular pressures on them, can jeopardise the smooth functioning of the system put in place under this Regulation,
Amendment 34 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point
Amendment 35 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit
Amendment 36 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population, the economy and
Amendment 37 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population
Amendment 38 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States, and on the unemployment rate and the degree of stability in neighbouring third countries, should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 39 #
Proposal for a regulation Recital 32 (32) A key based on the size of the
Amendment 40 #
Proposal for a regulation Recital 33 (33) When the allocation mechanism applies, the applicants who lodged their applications in the
Amendment 41 #
Proposal for a regulation Recital 34 Amendment 42 #
Proposal for a regulation Recital 35 Amendment 43 #
Proposal for a regulation Recital 35 Amendment 44 #
Proposal for a regulation Recital 35 Amendment 45 #
Proposal for a regulation Recital 35 Amendment 46 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead.
Amendment 47 #
Proposal for a regulation Recital 35 (35)
Amendment 48 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants during a twelve month
Amendment 49 #
Proposal for a regulation Recital 42 (42) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. This network should be able to collaborate with the authorities of transit countries and countries of origin as well as with international organisations, in particular the United Nations Agencies and non- governmental organisations.
Amendment 5 #
Proposal for a regulation Recital 9 a (new) (9a) In order to prevent applicants whose applications are inadmissible, or who are unlikely to require international protection, from undertaking a potentially dangerous journey from their country of origin to a Member State, the European Union Agency for Asylum, in cooperation with the Commission and the Member States, should ensure that potential migrants are informed about the legal entry routes into the Union and the risks of illegal migration.
Amendment 50 #
Proposal for a regulation Recital 52 (52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation. In this regard, the Commission should publish at regular intervals the number of applications for international protection received in each Member State, including the positive response rate, the origin of the applicants and the processing time for each application.
Amendment 51 #
Proposal for a regulation Recital 52 (52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of
Amendment 52 #
Proposal for a regulation Article 2 – paragraph 1 – point g – introductory part (g)
Amendment 53 #
Proposal for a regulation Article 2 – paragraph 1 – point ζ – introductory part (g) ‘family members’ means, insofar as the family already existed before the applicant arrived on the territory of the Member States
Amendment 54 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 1 – the spouse of the applicant or beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the country of origin or of the Member State concerned treats unmarried couples in a way comparable to married couples under its law
Amendment 55 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 – the minor children of couples referred to in the first indent or of the applicant
Amendment 56 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3 –
Amendment 57 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4 –
Amendment 58 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 – the sibling or siblings of the applicant or beneficiary of international protection;
Amendment 59 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 – the sibling or siblings of the applicant under the legal age of majority;
Amendment 6 #
Proposal for a regulation Recital 10 (10) In the light of the results of the evaluation undertaken of the implementation of Regulation (EU) 604/2013 , it is appropriate, at this stage, to confirm the principles underlying Regulation (EU) No 604/2013, while making the necessary improvements, in the light of experience, to the effectiveness of the Dublin system and the protection granted to applicants under that system. Based on this evaluation and on consultation with Member States, the European Parliament and other stakeholders, it is also considered
Amendment 60 #
Proposal for a regulation Article 2 – paragraph 1 – point ζ – indent 5 – the minor sibling or siblings of the applicant;
Amendment 61 #
Proposal for a regulation Article 2 – paragraph 1 – point j (j) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of Member States, as well as minors who have been separated from both parents or from their previous legal or customary primary care-giver;
Amendment 62 #
Proposal for a regulation Article 2 – paragraph 1 – point j (j) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of Member States, as well as minors who have been separated from both parents or from their previous legal or customary primary care-giver;
Amendment 63 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. Member States shall instruct their diplomatic representations in third countries to consider applications for international protection in order to avoid excessive pressure on the asylum systems of frontline Member States. The application shall be examined by a single Member State, which
Amendment 64 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because it carries already a disproportioned share of responsibility or because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 65 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 66 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 67 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 68 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 69 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. Before applying the criteria for determining a Member State responsible in accordance with Chapters III and IV, the first Member State in which the application for international protection was lodged, or in the case of an unaccompanied minor the Member State in which the minor is present after having lodged an asylum application if he or she has lodged asylum applications in more than one Member State, shall:
Amendment 7 #
Proposal for a regulation Recital 10 (10) In the light of the results of the evaluation undertaken of the implementation of Regulation (EU) 604/2013 , it is appropriate, at this stage, to confirm the principles underlying Regulation (EU) No 604/2013, while
Amendment 70 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3.
Amendment 71 #
Proposal for a regulation Article 3 – paragraph 3 – point a Amendment 72 #
Proposal for a regulation Article 3 – paragraph 3 – point a (a) examine whether the application for international protection is inadmissible pursuant to Article 33(2) letters b)
Amendment 73 #
Proposal for a regulation Article 3 – paragraph 3 – point b – point i Amendment 74 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 75 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 76 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 77 #
Proposal for a regulation Article 3 – paragraph 5 5. The Member State which has examined an application for international protection, including in the cases referred to in paragraph 3, shall be responsible for examining any further representations or a subsequent application of that applicant in accordance with Article 40, 41 and 42 of Directive 2013/32/EU
Amendment 78 #
Proposal for a regulation Article 3 – paragraph 5 5. The Member State which has examined an application for international protection, including in the cases referred to in paragraph 3, shall be responsible for examining any further representations or a subsequent application of that applicant in accordance with Article 40, 41 and 42 of Directive 2013/32/EU,
Amendment 79 #
Proposal for a regulation Article 4 – paragraph 1 1. Where a person who intends to make an application for international protection has entered irregularly into the territory of the Member States, the application shall be made in the Member State
Amendment 8 #
Proposal for a regulation Recital 10 a (new) (10a) The migration flow management difficulties encountered at reception and sorting centres ('hotspots') in the Member States of first arrival demonstrate the need for a more cooperative and concrete approach.
Amendment 80 #
Proposal for a regulation Article 4 – paragraph 1 1. Where a person who intends to
Amendment 81 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b)
Amendment 82 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 83 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 84 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 85 #
2. The Member State in which the applicant
Amendment 86 #
Proposal for a regulation 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
Amendment 87 #
Proposal for a regulation Article 5 – paragraph 2 2. The Member State in which the applicant is
Amendment 88 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 89 #
Proposal for a regulation Article 5 – paragraph 3 3. The applicant shall 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. Paragraph 3 shall not be applied to minors and families with minor children.
Amendment 9 #
Proposal for a regulation Recital 12 Amendment 90 #
Proposal for a regulation Article 5 – paragraph 4 4. The competent authorities shall take into account elements and information relevant for determining the Member State responsible
Amendment 91 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) that the right to apply for international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection, except when he or she is eligible for family reunification;
Amendment 92 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) that the right to apply for international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection, except when he or she is eligible for family reunification;
Amendment 93 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined
Amendment 94 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is
Amendment 95 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) of the personal interview pursuant to Article 7 and the
Amendment 96 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 Where necessary for the proper understanding of the applicant, the information shall also be supplied orally, for example in connection with the personal interview as referred to in Article 7. Whenever the applicant is a minor, he or she shall be informed in a child- friendly manner.
Amendment 97 #
Proposal for a regulation Article 7 – paragraph 3 3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate, and, when necessary, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 98 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3a. Where requested by the applicant, the determining authority shall ensure, in so far as possible, that the interviewers and interpreters are of the same sex as the applicant and that the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
Amendment 99 #
Proposal for a regulation Article 7 – paragraph 3 b (new) 3b. The person conducting the interview shall be able to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired a general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.
source: 601.035
2017/04/04
LIBE
413 amendments...
Amendment 110 #
Proposal for a regulation – The European Parliament rejects [the Commission proposal].
Amendment 113 #
Draft legislative resolution Citation 5 Amendment 114 #
Draft legislative resolution Citation 6 Amendment 115 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 67(2) and 78(2)(e) thereof,
Amendment 116 #
Proposal for a regulation Citation 2 a (new) Having regard to the European Union Charter of Fundamental Rights, and in particular Article 18 thereof;
Amendment 117 #
Proposal for a regulation Recital 1 a (new) (1a) It should be reiterated that the much-celebrated European solidarity, articulated through the mechanism of asylum based on the Dublin rules and the corrective measures put in place in recent years (the relocation measures are an excellent example), has been a huge failure. If the Member States decide for legitimate reasons not to implement or honour fully and effectively a plan for sharing out the responsibilities and burdens associated with asylum, we must bravely acknowledge that the EU’s migration policy has failed. As a result, migration policy should no longer be set in Brussels and should therefore return to being under the exclusive jurisdiction of the individual Member States.
Amendment 118 #
Proposal for a regulation Recital 2 (2) An effective common policy on asylum, including a Common European Asylum System (CEAS),
Amendment 119 #
Proposal for a regulation Recital 3 Amendment 120 #
Proposal for a regulation Recital 3 Amendment 121 #
Proposal for a regulation Recital 5 (5) Such a method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, on behalf of the European Union, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.
Amendment 122 #
Proposal for a regulation Recital 5 (5) Such a method should be based on the principle of solidarity and objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.
Amendment 123 #
Proposal for a regulation Recital 6 Amendment 124 #
Proposal for a regulation Recital 7 a (new) (7a) Solidarity initiatives between Member States must be voluntary and take into account the added value of all types of contributions which Member States may make to the joint efforts of the EU to manage migration.
Amendment 125 #
Proposal for a regulation Recital 9 Amendment 126 #
(9) The European Union Agency for Asylum (the "Asylum Agency") should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data. The Asylum Agency should also develop information material in cooperation with the relevant authorities of the Member States. The Asylum Agency should assist and coordinate the transfer of applicants for, or beneficiaries of, international protection under this Regulation.
Amendment 127 #
Proposal for a regulation Recital 9 (9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the
Amendment 128 #
Proposal for a regulation Recital 9 (9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective
Amendment 129 #
Proposal for a regulation Recital 9 (9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key
Amendment 130 #
Proposal for a regulation Recital 9 (9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation
Amendment 131 #
Proposal for a regulation Recital 9 (9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation
Amendment 132 #
Proposal for a regulation Recital 9 (9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in
Amendment 133 #
Proposal for a regulation Recital 9 (9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data. The European Union Agency for Asylum should provide up-to-date information about third countries, particularly countries of origin of asylum seekers.
Amendment 134 #
Proposal for a regulation Recital 9 (9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation
Amendment 135 #
Proposal for a regulation Recital 10 (10) In the light of the results of the evaluation undertaken of the implementation of Regulation (EU) 604/2013 , it is
Amendment 136 #
Proposal for a regulation Recital 10 (10) In the light of the results of the evaluation undertaken of the implementation of Regulation (EU) 604/2013 , it is appropriate, at this stage, to confirm the principles underlying Regulation (EU) No 604/2013, while making the necessary improvements, in the light of experience, to the effectiveness of the Dublin system and the protection granted to applicants under that system. Based on this evaluation and on consultation with Member States, the European Parliament and other stakeholders, it is also considered appropriate to establish in the Regulation measures required for a fair share of responsibility between Member States for applications for international protection, i
Amendment 137 #
Proposal for a regulation Recital 11 Amendment 138 #
Proposal for a regulation Recital 15 (15) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be
Amendment 139 #
Proposal for a regulation Recital 16 (16) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family life should be a primary consideration of Member States when applying this
Amendment 140 #
Proposal for a regulation Recital 16 (16) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for
Amendment 141 #
Proposal for a regulation Recital 17 Amendment 142 #
Proposal for a regulation Recital 17 Amendment 143 #
Proposal for a regulation Recital 17 Amendment 144 #
Proposal for a regulation Recital 17 Amendment 145 #
Proposal for a regulation Recital 17 Amendment 146 #
Proposal for a regulation Recital 17 (17) In order to prevent that applicants
Amendment 147 #
Proposal for a regulation Recital 17 (17) In order to prevent that applicants
Amendment 148 #
Proposal for a regulation Recital 17 (17) In order to improve the efficiency of the system, and to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is
Amendment 149 #
Proposal for a regulation Recital 17 (17) In order to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicants presenting security concerns.
Amendment 150 #
Proposal for a regulation Recital 17 (17) In order to prevent
Amendment 151 #
Proposal for a regulation Recital 18 (18) The processing together of the applications for international protection of the members of one family by a single Member State makes it possible to ensure
Amendment 152 #
Proposal for a regulation Recital 19 Amendment 153 #
Proposal for a regulation Recital 19 Amendment 154 #
Proposal for a regulation Recital 19 (19) The definition of a family member in this Regulation should include the sibling or siblings
Amendment 155 #
Proposal for a regulation Recital 19 (19) The definition of a family member in this Regulation should include the sibling or siblings, grandparents and uncles or aunts of the applicant. Reuniting siblings, grandparents and uncles or aunts is of particular importance for improving the chances of integration of applicants and hence reducing secondary movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some secondary movements of asylum seekers within the EU.
Amendment 156 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the presence of family members should become a binding responsibility criterion. In particular, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or
Amendment 157 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant
Amendment 158 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant
Amendment 159 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant
Amendment 160 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence
Amendment 161 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor
Amendment 162 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant
Amendment 163 #
Proposal for a regulation Recital 20 (20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, and in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take
Amendment 164 #
Proposal for a regulation Recital 21 (21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should only be able to derogate from the responsibility criteria
Amendment 165 #
Proposal for a regulation Recital 21 (21) A
Amendment 166 #
Proposal for a regulation Recital 21 (21) A
Amendment 167 #
Proposal for a regulation Recital 21 (21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation
Amendment 168 #
Proposal for a regulation Recital 21 (21) A
Amendment 169 #
Proposal for a regulation Recital 22 Amendment 170 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of this Regulation are achieved and
Amendment 171 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of
Amendment 172 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in
Amendment 173 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed
Amendment 174 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant
Amendment 175 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate
Amendment 176 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant (such as repatriation) and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 177 #
Proposal for a regulation Recital 22 (22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the
Amendment 178 #
Proposal for a regulation Recital 22 a (new) (22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to significantly improve the provision of information. Investing in the early provision of accessible information to applicants will greatly increase their possibilities to understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requirements and make effective use of common resources the European Union Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Agency should make full use of modern information technologies when developing that material. In order to properly assist asylum seekers the Agency should also develop audio-visual information material that can be used as a complement to written information materials. The Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them by smugglers. The information material developed by the Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.
Amendment 179 #
Proposal for a regulation Recital 22 a (new) (22a) In order to increase applicants' understanding of the functioning of the Common European Asylum System (CEAS) it is necessary to improve the provision of information significantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand, accept and follow the procedures of this Regulation to a greater extent than to date. In order to reduce the administrative requirements and make effective use of common resources the Asylum Agency should develop suitable information material, and audio-visual information material that can be used as a complement to written information material in cooperation with the relevant national authorities,. The Asylum Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants designed to counter the often incorrect information provided to them. The information material should be translated and made available in all of the major relevant languages spoken by asylum seekers arriving in Europe.
Amendment 180 #
Proposal for a regulation Recital 22 a (new) (22a) In order to reduce the administrative requirements and make effective use of common resources the European Union Agency for Asylum should develop suitable information material on the CEAS, in close cooperation with the national authorities. The information material developed by the Agency should be translated and made available in languages which the asylum seekers understand or are reasonably supposed to understand. In order to avoid that information on the functioning of the CEAS are improperly used, they should be provided just to asylum seekers, once they have already reached the territory of the Union.
Amendment 181 #
Proposal for a regulation Recital 22 a (new) (22a) Different categories of applicants have differing information needs and information will therefore have to be provided in different ways and be adapted to those needs. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation. Providing accurate, high-quality information to both accompanied and unaccompanied minors in a child-friendly environment can play an essential part both in providing a good environment for the minor but also in order to identify cases of any form of exploitation or violence, including trafficking in human beings.
Amendment 182 #
Proposal for a regulation Recital 22 a (new) (22a) To build an efficient Common European Asylum System, to save human lives by preventing dangerous journeys and crossings of the sea, to combat the problem of human traffickers and people smugglers, and to prevent the arrival in Europe of huge waves of economic migrants whose applications for international protection will be rejected, the European Union must evaluate the suitability of setting up “Hotspots” for examining applications for international protection in third countries that are considered safe.
Amendment 183 #
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the
Amendment 184 #
Proposal for a regulation Recital 23 (23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her
Amendment 185 #
Proposal for a regulation Recital 23 (23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation
Amendment 186 #
Proposal for a regulation Recital 23 (23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection
Amendment 187 #
Proposal for a regulation Recital 23 (23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection
Amendment 188 #
Proposal for a regulation Recital 23 a (new) Amendment 189 #
Proposal for a regulation Recital 24 (24) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible on the basis that he has a family member or
Amendment 190 #
Proposal for a regulation Recital 24 (24) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible on the basis that he has a family member or, for unaccompanied minors, a relative in another Member State. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the
Amendment 191 #
Proposal for a regulation Recital 24 (24) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible on the basis that he has a family member or, for unaccompanied minors, a relative in another Member State. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.
Amendment 192 #
Proposal for a regulation Recital 25 Amendment 193 #
Proposal for a regulation Recital 25 Amendment 194 #
Proposal for a regulation Recital 25 Amendment 195 #
Proposal for a regulation Recital 25 Amendment 196 #
Proposal for a regulation Recital 25 Amendment 197 #
Proposal for a regulation Recital 25 (25) The Member State which is determined as responsible under this Regulation should remain responsible for examination of each and every application
Amendment 198 #
Proposal for a regulation Recital 26 (26) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge
Amendment 199 #
Proposal for a regulation Recital 27 (27)
Amendment 200 #
Proposal for a regulation Recital 27 (27) The detention of applicants
Amendment 201 #
Proposal for a regulation Recital 27 (27) The detention of applicants should be applied in accordance with the underlying principle that a person
Amendment 202 #
Proposal for a regulation Recital 27 (27) 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 limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants
Amendment 203 #
Proposal for a regulation Recital 28 Amendment 204 #
Proposal for a regulation Recital 29 Amendment 205 #
Proposal for a regulation Recital 29 (29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping.
Amendment 206 #
Proposal for a regulation Recital 29 (29)
Amendment 207 #
Proposal for a regulation Recital 29 (29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism. The national competent authorities of the Member State should be entitled to consult the information linked to the unique application number for security reasons.
Amendment 208 #
Proposal for a regulation Recital 29 (29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State
Amendment 209 #
Proposal for a regulation Recital 29 (29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and
Amendment 210 #
Proposal for a regulation Recital 31 Amendment 211 #
Proposal for a regulation Recital 31 (31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity.
Amendment 212 #
Proposal for a regulation Recital 31 (31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity.
Amendment 213 #
Proposal for a regulation Recital 31 (31) In accordance with Article 80 of the Treaty, Union acts
Amendment 214 #
Proposal for a regulation Recital 31 (31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. An allocation mechanism based on genuine links complemented by a corrective
Amendment 215 #
Proposal for a regulation Recital 31 (31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 216 #
Proposal for a regulation Recital 31 (31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 217 #
Proposal for a regulation Recital 31 a (new) (31a) Member States should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. Applicants in vulnerable situations should have their applications and transfer prioritised.
Amendment 218 #
Proposal for a regulation Recital 32 Amendment 219 #
Proposal for a regulation Recital 32 Amendment 220 #
Proposal for a regulation Recital 32 Amendment 221 #
Proposal for a regulation Recital 32 Amendment 222 #
Proposal for a regulation Recital 32 (32) A reference key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The reference key should be corrected by reducing the share for the following year by 20% of the difference between the share based on GDP and population and the average number of irregular arrivals recorded by the Member State over the last three years, for countries which in the last three years have received an average share of irregular arrivals higher than the determined based on size of population and the economy of the Member States. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 1
Amendment 223 #
Proposal for a regulation Recital 32 (32) A reference key based on the size of the population and of the economy of the Member States, taking also into account the first-entry position of the frontline Member States, should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds
Amendment 224 #
Proposal for a regulation Recital 32 (32) A reference key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds
Amendment 225 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective
Amendment 226 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the
Amendment 227 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population
Amendment 228 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit
Amendment 229 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds
Amendment 230 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the
Amendment 231 #
Proposal for a regulation Recital 32 (32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be
Amendment 232 #
Proposal for a regulation Recital 32 a (new) (32a) In order to ensure that Member States that have not in recent years been among the main destination countries for applicants for international protection have sufficient time to build up their reception capacity, the corrective allocation mechanism should enable a gradual transition from the current situation to a situation with a more fair distribution of responsibilities under the corrective allocation mechanism. The transitional system should create a baseline key based on the average relative numbers of historically lodged applications for international protection in Member States and then transition from this "status quo" model towards a fair distribution by calculating the reference number for each Member State during the transitional period on the basis of a combination between the baseline key and the reference key referred to in Article 35.
Amendment 233 #
Proposal for a regulation Recital 33 Amendment 234 #
Proposal for a regulation Recital 33 (33)
Amendment 235 #
Proposal for a regulation Recital 33 (33) When the
Amendment 236 #
Proposal for a regulation Recital 33 (33)
Amendment 237 #
Proposal for a regulation Recital 33 (33) When the allocation mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members or meaningful links with a Member State, including language skills, education, professional skills or cultural ties, determine that a different Member State should be responsible.
Amendment 238 #
Proposal for a regulation Recital 33 (33) When the allocation mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their
Amendment 239 #
Proposal for a regulation Recital 33 (33) When the allocation mechanism applies, the applicants who lodged their applications in the
Amendment 240 #
Proposal for a regulation Recital 33 a (new) (33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 241 #
Proposal for a regulation Recital 33 a (new) (33a) It would be an asset to ensure that applicants who wish to be transferred together can register and be transferred under the corrective allocation mechanism as a group to one Member State. In order to allow for the smooth and practical application the relocation system should be based on transfer lists of 15 applicants per list.
Amendment 242 #
Proposal for a regulation Recital 34 Amendment 243 #
Proposal for a regulation Recital 34 (34)
Amendment 244 #
Proposal for a regulation Recital 34 (34)
Amendment 245 #
Proposal for a regulation Recital 35 Amendment 246 #
Proposal for a regulation Recital 35 Amendment 247 #
Proposal for a regulation Recital 35 Amendment 248 #
Proposal for a regulation Recital 35 Amendment 249 #
Proposal for a regulation Recital 35 Amendment 250 #
Proposal for a regulation Recital 35 Amendment 251 #
Proposal for a regulation Recital 35 Amendment 252 #
Proposal for a regulation Recital 35 (35) A Member State
Amendment 253 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants
Amendment 254 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants
Amendment 255 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants
Amendment 256 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead.
Amendment 257 #
Proposal for a regulation Recital 35 (35)
Amendment 258 #
Proposal for a regulation Recital 35 (35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should
Amendment 259 #
Proposal for a regulation Recital 36 Amendment 260 #
Proposal for a regulation Recital 36 (36) In accordance with Commission Regulation (EC) No 1560/200322 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. The European Union Agency for Asylum should play a key role in guaranteeing that transfers are duly carried out, especially when they are on a voluntary basis. _________________
Amendment 261 #
Proposal for a regulation Recital 37 Amendment 262 #
Proposal for a regulation Recital 37 (37) The
Amendment 263 #
Proposal for a regulation Recital 38 (38) The [General Data Protection Regulation (EU) .../2016] applies to the processing of personal data by the Member States under this Regulation from the date set out in that Regulation; until this date Directive 95/46/EC applies. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or
Amendment 264 #
Proposal for a regulation Recital 38 (38) The [General Data Protection Regulation (EU) .../2016] applies to the processing of personal data by the Member States under this Regulation from the date set out in that Regulation; until this date Directive 95/46/EC applies. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the
Amendment 265 #
Proposal for a regulation Recital 38 a (new) (38a) Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data applies to the processing of personal data by the European Union Agency for Asylum.
Amendment 266 #
Proposal for a regulation Recital 40 (40) The application of this Regulation can be facilitated, and its effectiveness increased, by the support of the European Agency for Asylum as well as bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of requests
Amendment 267 #
Proposal for a regulation Recital 41 Amendment 268 #
Proposal for a regulation Recital 42 (42) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. That network should promote the exchange of best practices concerning the examination of an asylum application by the competent authorities of Member States under this Regulation and initiate the training of the employees of those authorities.
Amendment 269 #
Proposal for a regulation Recital 44 a (new) Amendment 270 #
Proposal for a regulation Recital 47 (47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors;
Amendment 271 #
Proposal for a regulation Recital 47 (47) The examination procedure should be used for the adoption
Amendment 272 #
Proposal for a regulation Recital 47 (47) The examination procedure should be used for the adoption
Amendment 273 #
Proposal for a regulation Recital 48 (48) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the identification of family members
Amendment 274 #
Proposal for a regulation Recital 48 (48) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the
Amendment 275 #
Proposal for a regulation Recital 48 (48) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the periodicity and modalities for providing information to applicants on the progress in the procedures under this Regulation concerning them, the identification of family members or relatives or any other family relations of an 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 an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person; standard operating protocols for transnational cooperation regarding the best interests of the child assessment and best interests determination and the
Amendment 276 #
Proposal for a regulation Recital 48 a (new) (48a) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the identification of family members or relatives of applicants as well as in respect of the definition of eligibility criteria for sponsors.
Amendment 277 #
Proposal for a regulation Recital 49 (49) In the application of this Regulation, including the preparation of delegated acts, the Commission should consult experts from, among others, all relevant national authorities and NGOs.
Amendment 278 #
Proposal for a regulation Recital 52 Amendment 279 #
Proposal for a regulation Recital 52 Amendment 280 #
Proposal for a regulation Recital 52 Amendment 281 #
Proposal for a regulation Recital 52 Amendment 282 #
Proposal for a regulation Recital 52 (52) In order to assess whether
Amendment 283 #
Proposal for a regulation Recital 52 (52) In order to assess whether the
Amendment 284 #
Proposal for a regulation Recital 52 (52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the
Amendment 285 #
Proposal for a regulation Recital 52 (52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should regularly review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation. The Commission closely involves the European Parliament with regard to aforementioned reviews.
Amendment 535 #
Proposal for a regulation Article 9 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied
Amendment 536 #
Proposal for a regulation Article 9 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied
Amendment 537 #
Proposal for a regulation Article 9 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied
Amendment 538 #
Proposal for a regulation Article 9 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied
Amendment 539 #
Proposal for a regulation Article 9 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied
Amendment 540 #
Proposal for a regulation Article 9 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied
Amendment 541 #
Proposal for a regulation Article 9 – paragraph 2 2. The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the situation obtaining when the applicant
Amendment 542 #
Proposal for a regulation Article 9 – paragraph 2 2. The Member State responsible in accordance with the criteria set out in th
Amendment 543 #
Proposal for a regulation Article 9 – paragraph 2 – point 1 (new) (1) In view of the application of the criteria referred to in Articles 10 to 13 and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 544 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2 a. In view of the application of the criteria referred to in Articles 10a to 14a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 545 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2 a. In view of the application of the criteria referred to in Articles 10 to 13a and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 546 #
Proposal for a regulation Article 10 Amendment 547 #
Proposal for a regulation Article 10 – paragraph 2 2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, provided that it is in the best interests of the minor.
Amendment 548 #
Proposal for a regulation 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 549 #
Proposal for a regulation Article 10 – paragraph 2 2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present,
Amendment 550 #
Proposal for a regulation 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 551 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 552 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3,
Amendment 553 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 554 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, and if no Member State has accepted under Article 19 to examine the application becoming the Member State responsible, the Member State responsible shall be th
Amendment 555 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 556 #
Proposal for a regulation 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 557 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member 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 unaccompanied minor.
Amendment 558 #
Proposal for a regulation Article 10 – paragraph 5 5. In the absence of a family member 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
Amendment 559 #
Proposal for a regulation Article 10 – paragraph 5 a (new) 5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 560 #
Proposal for a regulation Article 10 – paragraph 5 a (new) 5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of a Member State, and one parent or other adult responsible for the minor, whether by law or the practice of a Member State, is legally present in the territory of a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, provided that this is in the best interests of the child.
Amendment 561 #
Proposal for a regulation Article 10 – paragraph 5 a (new) 5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, provided that this is in the best interests of the minor.
Amendment 562 #
Proposal for a regulation 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
Amendment 563 #
Proposal for a regulation Article 10 a (new) Article 10 a Family members 1. If a family member of the applicant, irrespective of the fact that the family already existed in the country of origin, is a national of a Member State, or is a third country national authorized by a Member State to stay in its territory as an asylum seeker, or as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, such Member shall be responsible for examining the application for international protection. The persons concerned must express their consent in writing. 2. Where the applicant is an unaccompanied minor, the determining Member State shall always conduct a previous assessment of the best interests of the minor. 3. Where the applicant is an unaccompanied minor and family members as referred to in paragraph 1 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, after having heard his or her opinion. 4. The identification of family members and the criteria for establishing the existence of proven family links are established according to the procedure described in Article 24.
Amendment 564 #
Proposal for a regulation Article 10 a (new) Article 10 a Family member in a Member State Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin , who is a third country national with a long-term residence permit residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 565 #
Proposal for a regulation Article 11 Amendment 566 #
Proposal for a regulation Article 11 – title Family members
Amendment 567 #
Proposal for a regulation Article 11 – paragraph 1 Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin, who
Amendment 568 #
Proposal for a regulation Article 11 a (new) Article 11 a Relatives 1. If a relative of the applicant is a national of a Member State, or is a third country national authorized by a Member State to stay in its territory as an asylum seeker, or as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, such Member shall be responsible for examining the application for international protection, subject to the following conditions: - the persons concerned must express their consent in writing; - it is established, based on an individual examination, that the relative can take care of the applicant until the final decision on his or her claim for international protection [under Article 4 (d) of proposal for a new Procedures Regulation, 2016/0224 (COD)].
Amendment 569 #
Proposal for a regulation Article 12 Amendment 570 #
Proposal for a regulation 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 571 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) responsibility for examining the applications for international protection of all the family members and/or minor
Amendment 572 #
Proposal for a regulation Article 13 a (new) Article 13 a Family reunification 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 indications that they are likely to have the right to family reunification in accordance with Articles 10, 11, 12 or 13. 2. In establishing whether there are sufficient indications that the applicant has family in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that the applicant has family members and/or relatives in that Member State in order to meet the requirements of paragraph 1. 3. If it is determined pursuant to paragraph 1 and 2 that an applicant likely has, prima facie, the right of family reunification in accordance with Articles 10, 11, 12 or 13 the determining Member State shall notify the Member State concerned thereof and the applicant shall be transferred to that Member State. 4. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 4 shall make the determination of whether the conditions for family reunifications in accordance with Article 10, 11, 12 or 13 are met. If it is determined that the conditions for family reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure in article 24a. 5. The authorities responsible of the Member State where the applicant claims to have family members and/or relatives present shall assist the authorities responsible of the determining Member State with answering any questions aimed at clarifying whether the alleged family links are correct. The absence of official documents issued by the State of origin cannot be the only reason for not declaring satisfied the requirements for family reunification, and other evidence should also be admitted, including the declarations from international organizations. 6. For the purposes of the procedures provided for in this Article, the Commission shall adopt an implementing act regarding the evidentiary requirements to prove relevant family links, including the type of proof or evidence required, including partial documentation issued by the State of origin or declarations from international organisations. A different understanding of such proof or evidence between the determining Member State and the Member State receiving the applicant shall not result in the applicant being subject to the procedure under Article 24a.
Amendment 573 #
Proposal for a regulation Article 14 Amendment 574 #
Proposal for a regulation Article 14 – paragraph 1 1. Where the applicant is in possession of a valid residence document
Amendment 575 #
Proposal for a regulation Article 14 – paragraph 1 1. Where the applicant is in possession of a valid residence document or a residence document which has expired
Amendment 576 #
Proposal for a regulation Article 14 – paragraph 1 1. Where the applicant is in possession of a valid residence document or a residence document which has expired
Amendment 577 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the applicant is in possession of a valid visa
Amendment 578 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the applicant is in possession of a valid visa or a humanitarian visa or a visa expired less than six months before lodging the first application , the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council25 . In such a case, the represented Member State shall be responsible for examining the application for international protection.
Amendment 579 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the applicant is in possession of a valid visa or a visa expired
Amendment 580 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the applicant is in possession of a valid visa or a visa expired
Amendment 581 #
Proposal for a regulation Article 14 – paragraph 3 a (new) 3 a. Where the applicant is in possession only of one or more residence documents which have expired less than two years previously or one or more visas which have expired less than six months previously and which enabled him or her actually to enter the territory of a Member State, paragraphs 1, 2 and 3 shall apply for such time as the applicant has not left the territories of the Member States. Where the applicant is in possession of one or more residence documents which have expired more than two years previously or one or more visas which have expired more than six months previously and enabled him or her actually to enter the territory of a Member State and where he has not left the territories of the Member States, the Member State in which the application for international protection is lodged shall be responsible.
Amendment 582 #
Proposal for a regulation Article 14 a (new) Article 14 a Meaningful links with a Member State 1. An applicant shall be allocated to a Member State other than the one where he or she first has lodged his or her application for international protection, where the former State is determined according to one of the following situations: a) a sponsor expresses the intention and holds the capacity to take care of the applicant until the final decision on his or her claim for international protection [under Article 4 (d) of proposal for a new Procedures Regulation, 2016/0224 (COD)] and can cover the travel costs to the country of nationality in the case that the claim is not accepted with a final decision and a return decision is adopted; b) the Member State has released to the applicant a valid residence document, or the applicant held in the past a residence document for a stay not inferior to one year in that country for work, study or research purposes. This does not apply if the residence document was revoked or not renewed for reasons of public security or public order; c) the applicant holds academic or professional diplomas or qualifications released by the authorities of one Member State, or by a third State in the framework of programs of international cooperation in the field of education or training managed, promoted or financed by a Member State, including but not limited to bilateral agreements of mutual recognition of diplomas or qualifications. d) the applicant holds a satisfactory knowledge of one of the official languages of a Member State, to be ascertained through certificates or a linguistic test. 2. The assessment of the recurrence of the requisites spelled in paragraph 1 is conducted according to the procedure described in Article 24. 3. A delegated act adopted according to the procedure described in Article 57(2) shall determine: - the formalities and the eligibility requisites to be satisfied by a sponsor under paragraph 1(a), and the other necessary implementing measures; - the implementing measures for the situations under paragraph 1(b), 1(c), 1(d).
Amendment 583 #
Proposal for a regulation Article 14 a (new) Article 14 a Meaningful links with a Member State 1. Where the applicant has meaningful links with a Member State, including language skills, education, professional skills or cultural ties which would facilitate his or her integration, that Member State will be responsible for examining the application for international protection.
Amendment 584 #
Proposal for a regulation Article 15 Amendment 585 #
Proposal for a regulation Article 15 Amendment 587 #
Proposal for a regulation Article 15 – paragraph 1 Amendment 588 #
Proposal for a regulation Article 15 – paragraph 1 Amendment 589 #
Proposal for a regulation Article 15 – paragraph 1 Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus entered shall be responsible, on behalf of the European Union, for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place.
Amendment 590 #
Proposal for a regulation Article 15 – paragraph 1 Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come directly from a third country, the Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place
Amendment 591 #
Proposal for a regulation Article 15 – paragraph 1 Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease 24 months after the date on which the irregular border crossing took place.
Amendment 592 #
Proposal for a regulation Article 15 – paragraph 1 Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has
Amendment 593 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 2. When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4), that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot be established — has been living for a continuous period of at least five months in a Member State before lodging the application for international protection, that Member State shall be responsible for examining the application for international protection. If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.
Amendment 594 #
Proposal for a regulation Article 15 – paragraph 1 a (new) When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 22(3), that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot be established — has been living for a continuous period of at least five months in a Member State before lodging the application for international protection, that Member State shall be responsible for examining the application for international protection. If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.
Amendment 595 #
Proposal for a regulation Article 15 – paragraph 1 a (new) When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 22(3), that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot be established — has been living for a continuous period of at least five months in a Member State before lodging the application for international protection, that Member State shall be responsible for examining the application for international protection. If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.
Amendment 596 #
Proposal for a regulation Article 15 – paragraph 1 a (new) Where it is established, on the basis of proof or circumstantial evidence, that an applicant has crossed the border into the Member State where the application was lodged having come through another Member State, the Member State responsible for examining the application for international protection shall be determined in accordance with the procedure in Article 24a.
Amendment 597 #
Proposal for a regulation Article 15 a (new) Article 15 a Fallback criterion 1. If the conditions laid down in Articles 10a to 14a are not met, the determining State shall consult the automated system referred to in Article 44(1) in order to identify the Member States with the lowest number of applicants in proportion to their share of the fair distribution. 2. Applicants shall choose the Member State responsible among the 5 Member States with the lowest number of applicants in proportion to their share of the fair distribution at the moment when the determining State consulted the automated system.
Amendment 598 #
Proposal for a regulation Article 16 Amendment 599 #
Proposal for a regulation Article 16 – paragraph 1 a (new) The principle set out in paragraph 1 shall not apply if the third-country national or the stateless person lodges his or her application for international protection in another Member State in which the need for him or her to have a visa for entry into the territory is also waived. In that case, that other Member State shall be responsible for examining the application for international protection.
Amendment 600 #
Proposal for a regulation Article 17 A
Amendment 601 #
Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be determining the Member State responsible for examining the application according to the criteria set out in Chapter III, IV and VII..
Amendment 602 #
Proposal for a regulation Article 17 a (new) Article 17 a Centralised allocation mechanism When it is not possible to determine a Member State responsible according to the previous criteria under Chapters III and Articles 18, 18a and 19 do not apply, the Member State responsible shall be determined with the allocation mechanism set out in Chapter VII of this Regulation.
Amendment 603 #
Proposal for a regulation Article 18 – paragraph 1 1. Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed
Amendment 604 #
Proposal for a regulation Article 18 – paragraph 1 1. Where, on account of pregnancy, a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent,
Amendment 605 #
Proposal for a regulation Article 18 – paragraph 1 1. Where, on account of pregnancy, a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent,
Amendment 606 #
Proposal for a regulation Article 18 a (new) Article 18 a Sponsorship 1. European citizen or third country national legally residing in a Member State for a period of at least one year, or an organisation, association or firm, that respect specific requirements set out in the delegated act referred to in paragraph 3, have the possibility to become the sponsor of an applicant for international protection who lodged an application in the EU. The individual or organisation sponsoring an applicant should provide for his or her transfer and his or her stay in the Member State where the sponsor resides, until the final decision on his or her application is adopted. 2. On the basis of a written request by the sponsor, with the acceptance of the applicant, the determining Member State shall notify it to the Member State where the sponsor resides. If the Member State accepts to take charge of the applicant, it shall become the Member State responsible, and the application should be counted within its reference number as defined in Article 35. 3. A delegated act adopted according to the procedure described in Article 57, paragraph 2, shall determine the formalities and the eligibility requirements to be satisfied by a sponsor and the other necessary implementing measures.
Amendment 607 #
Proposal for a regulation Article 18 a (new) Article 18 a Private Sponsorship 1. Where an applicant is sponsored by a person legally residing in one of the Member States, the Member State of residence of the sponsor will be the responsible Member State, provided that the sponsor is able to take care of the dependent person and that the persons concerned expressed their desire in writing. 2. The Commission is empowered to adopt delegated acts in accordance with Article 57 concerning the elements to be taken into account in order to determine the criteria for assessing the capacity of the sponsor concerned to take care of the dependent person. 3. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 608 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 609 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 By way of derogation from Article 3(1)
Amendment 610 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 By way of derogation from Article 3(1)
Amendment 611 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 By way of derogation from Article 3(1)
Amendment 612 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 By way of derogation from Article 3(1)
Amendment 613 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 By way of derogation from Article 3(1)
Amendment 614 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 By way of derogation from Article 3(1)
Amendment 615 #
Proposal for a regulation 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 family grounds
Amendment 616 #
Proposal for a regulation 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 617 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 2 The Member State which decides to examine an application for international protection pursuant to this paragraph shall become the Member State responsible and shall assume the obligations associated with that responsibility.
Amendment 618 #
Proposal for a regulation Article 19 – paragraph 1 a (new) 1 a. It is at the discretion of the Member State to which the applicant was allocated and the Member State to which the applicant wishes to be allocated, to consider a request from an applicant and to apply paragraph 1.
Amendment 619 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 The Member State in which an application for international protection is
Amendment 620 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 The Member State in which an application for international protection is
Amendment 621 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 The Member State in which an application for international protection is made and which is carrying out the process of determining the Member State responsible
Amendment 622 #
Proposal for a regulation Article 19 – paragraph 2 a (new) 2a. Applicants for international protection shall not be entitled to ask Member States to apply the sovereignty clause. Application of the sovereignty clause is the exclusive power of the Member States, which must unilaterally examine and decide on the factors instrumental in the application of that clause. It is the task of a Member State to verify the existence of any elements instrumental in determining the Member State responsible.
Amendment 623 #
Proposal for a regulation Article 19 a (new) Article 19a Cessation of responsibilities 1. Where a Member State issues a residence document to the applicant, the obligations specified in Article 20(1) shall be transferred to that Member State. 2. The obligations specified in Article 20(1) shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible. 3. The obligations specified in Article 20 (1)(c) and (d) shall cease where the Member State responsible can establish, when requested to take back an applicant or another person as referred to in Article 20 (1)(c) or (d), that the person concerned has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 624 #
Proposal for a regulation Article 20 – paragraph 1 – point b Amendment 625 #
Proposal for a regulation Article 20 – paragraph 1 – point c Amendment 626 #
Proposal for a regulation Article 20 – paragraph 1 – point c Amendment 627 #
Proposal for a regulation Article 20 – paragraph 1 – point d Amendment 628 #
Proposal for a regulation Article 20 – paragraph 1 – point d Amendment 629 #
Proposal for a regulation Article 20 – paragraph 1 – point d (d) take back, under the conditions laid down in Articles 26 and 30, a third-country national or a stateless person whose application has been rejected at first instance and who made an application in another Member State or who is on the territory of another Member State without a residence document
Amendment 630 #
Proposal for a regulation Article 20 – paragraph 1 – point d (d) take back, under the conditions laid down in Articles 26 and 30, a third-country national or a stateless person whose application has been rejected at first instance and who made an application in another Member State or who is on the territory of another Member State without a residence document;
Amendment 631 #
Proposal for a regulation Article 20 – paragraph 1 – point e Amendment 632 #
Proposal for a regulation Article 20 – paragraph 1 – point e Amendment 633 #
Proposal for a regulation Article 20 – paragraph 1 – point e (e)
Amendment 634 #
Proposal for a regulation Article 20 – paragraph 1 – point e a (new) (e a) A third country national or a stateless person whose application has been rejected, or who has withdrawn the application under examination, and has left or was removed from the territory of the responsible Member State as a result of a return decision or a removal order, who has made an application later in another Member State, shall be removed from the territories of the Member States without initializing a take back procedure under Art. 26 and Art. 30.
Amendment 635 #
Proposal for a regulation Article 20 – paragraph 2 2. In a situation referred to in point (a) or (b) of paragraph 1, the Member State responsible shall examine or complete the examination of the application for international protection.
Amendment 636 #
Proposal for a regulation Article 20 – paragraph 3 Amendment 637 #
Proposal for a regulation Article 20 – paragraph 3 Amendment 638 #
Proposal for a regulation Article 20 – paragraph 4 Amendment 639 #
Proposal for a regulation Article 20 – paragraph 4 4. In
Amendment 640 #
Proposal for a regulation Article 20 – paragraph 5 Amendment 641 #
Proposal for a regulation Article 20 – paragraph 5 5. In a situation referred to in point (d) of paragraph 1,
Amendment 642 #
Proposal for a regulation Article 20 – paragraph 5 5. In a situation referred to in point (d) of paragraph 1, the decision taken by the responsible authority of the Member State responsible to reject the application shall
Amendment 643 #
Proposal for a regulation Article 20 – paragraph 7 – subparagraph 1 Amendment 644 #
Proposal for a regulation Article 20 a (new) Article 20 a Cessation of responsibilities 1. Where a Member State issues a residence document to the applicant, the obligations specified in Article 20(1) shall be transferred to that Member State. 2. The obligations specified in Article 20(1) shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible. 3. The obligations specified in Article 20(1)(c) and (d) shall cease where the Member State responsible can establish, when requested to take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 645 #
Proposal for a regulation Article 20 a (new) Article 20 a Cessation of responsibilities The obligations set out in Article 20 shall cease if the Member State responsible can establish that the person concerned has left its territory voluntarily for more than three months or in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application that is lodged after the applicant has been absent for such a period or has been effectively removed shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 646 #
Proposal for a regulation Article 21 – paragraph 1 1. The process of determining the Member State responsible shall start as soon as an application for international protection is first lodged with a Member State
Amendment 647 #
Proposal for a regulation Article 21 – paragraph 1 1. The process of determining the Member State responsible shall start as soon as an application for international protection is
Amendment 648 #
Proposal for a regulation Article 21 – paragraph 2 Amendment 649 #
Proposal for a regulation Article 21 – paragraph 4 – subparagraph 1 Where an application for international protection is
Amendment 650 #
Proposal for a regulation Article 21 – paragraph 5 Amendment 651 #
Proposal for a regulation Article 21 – paragraph 5 5. An applicant who is present in another Member State without a residence document or who there lodges an application for international protection after withdrawing his or her first application made in a different Member State during the process of determining the Member State responsible shall be taken back, under the conditions laid down in Articles 26 and 30, by the Member State with which that application for international protection was first lodged, with a view to completing the process of determining the Member State responsible. That obligation shall cease where the Member State requested to complete the process of determining the Member State responsible can establish that the applicant has in the meantime left the territory of the Member States for a period of at least three months or has obtained a residence document from another Member State. An application lodged after the period of absence referred to in the second subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 652 #
Proposal for a regulation Article 21 – paragraph 5 5. An applicant who is present in another Member State without a residence document or who there
Amendment 653 #
Proposal for a regulation Article 21 – paragraph 5 – subparagraph 1 (new) That obligation shall cease where the Member State responsible can establish that the applicant has in the meantime left the territory of the Member State for a period of three months or has obtained a residence document from another Member State. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 654 #
Proposal for a regulation Article 22 Amendment 655 #
Proposal for a regulation Article 22 – paragraph 1 – introductory part 1. The Member State with which an application for international protection is lodged shall enter in the
Amendment 656 #
Proposal for a regulation Article 22 – paragraph 1 – point b (b) where applicable, links to the applications of family members
Amendment 657 #
Proposal for a regulation Article 22 – paragraph 2 2. Upon entry of the information pursuant to paragraph 1, the automated system referred to in Article 44 shall register each application under a unique application number, create an electronic file for each application and communicate the unique application number to the Member State of application. The personal data contained in the unique application number as well as the electronic file shall only be used for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013].
Amendment 658 #
Proposal for a regulation Article 22 – paragraph 2 2. Upon entry of the information pursuant to paragraph 1, the
Amendment 659 #
Proposal for a regulation Article 22 – paragraph 3 3. Member States shall provide the European Union Agency for Asylum with information on the number of third country nationals effectively resettled on a weekly basis. The Agency shall validate this information and enter the data in the
Amendment 660 #
Proposal for a regulation Article 22 – paragraph 4 Amendment 661 #
Proposal for a regulation Article 22 – paragraph 5 5. The Member State with which the application is lodged shall search the VIS pursuant to Article 21 of Regulation (EC) 767/2008. Where a hit in the VIS indicates that the applicant is in possession of a valid visa
Amendment 662 #
Proposal for a regulation Article 22 – paragraph 5 5. The Member State with which the application is lodged shall search the VIS pursuant to Article 21 of Regulation (EC) 767/2008. Where a hit in the VIS indicates that the applicant is in possession of a valid visa
Amendment 663 #
Proposal for a regulation Article 22 – paragraph 5 5. The Member State with which the application is lodged shall search the VIS pursuant to Article 21 of Regulation (EC) 767/2008. Where a hit in the VIS indicates that the applicant is in possession of a valid visa
Amendment 664 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5 a. The Member State with which the application is lodged shall search the EES pursuant to Article 25b of Regulation (EU) ..../... [EES Regulation, 2016/0106(COD)] with a view to facilitating the application of this Regulation.
Amendment 665 #
Proposal for a regulation Article 23 Amendment 667 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part 1. The
Amendment 668 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part 1. The automated system referred to in Article 44(1) shall indicate
Amendment 669 #
Proposal for a regulation Article 23 – paragraph 1 – point a a (new) (a a) the total number of successful applications in the Union;
Amendment 670 #
Proposal for a regulation Article 23 – paragraph 1 – point a b (new) (a b) the actual number of successful applications lodged in each Member State;
Amendment 671 #
Proposal for a regulation Article 23 – paragraph 1 – point c Amendment 672 #
Proposal for a regulation Article 23 – paragraph 1 – point e Amendment 673 #
Proposal for a regulation Article 23 – paragraph 2 – point f Amendment 674 #
Proposal for a regulation Article 23 – paragraph 2 – point h Amendment 675 #
Proposal for a regulation Article 23 – paragraph 3 Amendment 676 #
Proposal for a regulation Article 24 – title Submitting a take charge or take back request
Amendment 677 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Amendment 678 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Where a Member State with which an application for international protection has been lodged considers that another Member State is responsible for examining the application, it shall
Amendment 679 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Where a Member State with which an application for international protection has been lodged considers that another Member State is responsible for examining the application, it shall , as quickly as possible and in any event within
Amendment 680 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 a (new) The Member State with which an application for international protection has been lodged shall conduct a procedure to ascertain the occurrence of prima facie indications to determine the Member State responsible in accordance with Article 10a, 11a, 12a or 14a.
Amendment 681 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 a (new) If none of the criteria set out in Chapter III and IV apply, the determining Member State should determine the Member State responsible with the allocation mechanism according to the procedure laid down in Chapter VII.
Amendment 682 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 2 Amendment 683 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 2 Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Article 13 of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013] or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EU) 767/2008 , the request shall be sent within
Amendment 684 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 3 Amendment 685 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 3 Amendment 686 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 3 Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall
Amendment 687 #
Proposal for a regulation Article 24 – paragraph 2 – subparagraph 1 Amendment 688 #
Proposal for a regulation Article 24 – paragraph 2 – subparagraph 2 Amendment 689 #
Proposal for a regulation Article 24 – paragraph 2 a (new) 2 a. In establishing whether there are sufficient indications that the applicant has the relevant connections in the Member State he or she claims the determining Member State shall ensure that the applicant has understood the applicable definition of family members, of relatives and of the other meaningful links as spelled out in Article 14a. The determining State shall also ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State.
Amendment 690 #
Proposal for a regulation Article 24 – paragraph 2 b (new) 2 b. The determining Member State shall ensure that the applicant understands that he or she will not be allowed to stay in the Member State where he or she claims to have family members, relatives or other meaningful links under Article 14a, unless such a claim can be verified by that Member State. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members, of relatives or of other meaningful links under Article 14a in the Member State indicated by the applicant it shall be concluded that, prima facie, there are sufficient indications that such Member State is the competent one.
Amendment 691 #
Proposal for a regulation Article 24 – paragraph 2 c (new) 2 c. If it is determined pursuant to paragraph 1 and 2 that a Member State is, prima facie, responsible in accordance with Article 10a, 11a, 12a or 14a, the determining Member State shall notify the Member State responsible thereof and the applicant shall be transferred to that Member State.
Amendment 692 #
Proposal for a regulation Article 24 – paragraph 2 d (new) 2 d. The Member State receiving an applicant in accordance with the procedure referred to in paragraph 3 shall make the determination of whether the conditions for establishing its responsibility in accordance with Article 10a, 11a, 12a or 14a are met. If it is determined that such conditions reunification are not met the receiving Member State shall ensure that the applicant is relocated to another Member State in accordance with the procedure laid down in Article 24a.
Amendment 693 #
Proposal for a regulation Article 24 – paragraph 2 e (new) 2 e. The authorities responsible of the Member State where the applicant claims to have family members, relatives or other meaningful links, shall assist the competent authorities of the determining Member State in confirming the links to the Member State.
Amendment 694 #
Proposal for a regulation Article 24 – paragraph 2 f (new) 2 f. A delegated act adopted under Article 57 shall establish a list of prima facie indications on which the presumption according to Article 24(2d) shall be based. In doing so, the delegated act shall make it clear that the absence of official documents released by the State of origin cannot be per se the sole reason for declaring not satisfied a certain requirement and that other evidence should be admitted, including statements coming from international organizations.
Amendment 695 #
Proposal for a regulation Article 24 a (new) Article 24 a Submitting a take charge notification 1. Where an applicant is to be transferred to another Member State pursuant to Article 15(1a) or Article 36b (4) the Member State of allocation shall be determined randomly by the automated system referred to in Article 44 amongst the Member States not currently benefitting from the corrective allocation mechanism referred to in Article 34. 2. Once the Member State of allocation has been determined pursuant to paragraph 1, information to that effect shall be automatically entered into Eurodac and the Member State of allocation shall be informed by way of an automatic notification. 3. The Member State where the applicant is present shall inform the applicant of the determination pursuant to paragraph 2 and, in cooperation with the European Union Agency for Asylum, of the modalities for the transfer. 4.The Member State where the applicant is present shall ensure the swift transfer of the applicant to the Member State responsible with the assistance of the European Union Agency for Asylum t. 5. The obligations set out in Articles 39, 40, 41 and 42 shall apply mutatis mutandis.
Amendment 696 #
Proposal for a regulation Article 24 a (new) Article 24 a Submitting a take charge notification 1. Where an applicant is to be transferred to another Member State pursuant to Article 15 (1a) or Article 13a the Member State of allocation shall be determined randomly by the automated system referred to in Article 44 amongst the Member States according to Article 36c. 2. Once the Member State of allocation has been determined pursuant to paragraph 1, information to that effect shall be automatically entered into Eurodac and the Member State of allocation shall be informed by way of an automatic notification. 3. The Member State where the applicant is present shall inform the applicant of the determination pursuant to paragraph 2 and, in cooperation with the European Asylum Agency, of the modalities for the transfer. 4. The European Asylum Agency shall ensure the swift transfer of the applicant from the Member State where he or she is present to the Member State responsible. 5. The obligations set out in Article 39, 40, 41 and 42 shall apply mutatis mutandis
Amendment 697 #
Proposal for a regulation Article 25 – paragraph 1 1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within
Amendment 698 #
Proposal for a regulation Chapter 6 – section 4 Amendment 699 #
Proposal for a regulation Chapter 6 – section 4 – title Procedures for take back
Amendment 700 #
Proposal for a regulation Article 26 – title Submitting a take back
Amendment 701 #
Proposal for a regulation Article 26 – title Submitting a take back
Amendment 702 #
Proposal for a regulation Article 26 – title Submitting a take back
Amendment 703 #
Proposal for a regulation Article 26 – paragraph 1 1. In a situation referred to in Article 20(1)(b), (c), (d) or (e) the Member State where the person is present shall make a take back
Amendment 704 #
Proposal for a regulation Article 26 – paragraph 1 1. In a situation referred to in Article 20(1)(b), (c), (d) or (e) the Member State where the person is present shall make a take back
Amendment 705 #
Proposal for a regulation Article 26 – paragraph 1 1. In a situation referred to in Article 20(1)(b), (c),
Amendment 706 #
Proposal for a regulation Article 26 – paragraph 1 1. In a situation referred to in Article 20(1)(b), (c), (d) or (e) the Member State where the person is present shall make a take back
Amendment 707 #
Proposal for a regulation Article 26 – paragraph 1 a (new) 1 a. Where the take back request is not made within the periods laid down in paragraph 2, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 708 #
Proposal for a regulation Article 26 – paragraph 1 a (new) 1 a. Where the take back request is not made within the periods laid down in paragraph 1, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 709 #
Proposal for a regulation Article 26 – paragraph 1 a (new) 1 a. Where the take back request is not made within the periods laid down in paragraph 1, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 710 #
Proposal for a regulation Article 26 – paragraph 2 2. A take back
Amendment 711 #
Proposal for a regulation Article 26 – paragraph 2 2. A take back
Amendment 712 #
3. The Member State responsible shall confirm immediately the receipt of the
Amendment 713 #
Proposal for a regulation Article 26 – paragraph 3 3. The Member State responsible shall confirm immediately the receipt of the
Amendment 714 #
Proposal for a regulation Article 26 – paragraph 3 3. The Member State responsible shall confirm immediately the receipt of the
Amendment 715 #
Proposal for a regulation Article 26 – paragraph 4 4. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back
Amendment 716 #
Proposal for a regulation Article 26 – paragraph 4 4. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back
Amendment 717 #
Proposal for a regulation Article 26 – paragraph 4 4. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back
Amendment 718 #
Proposal for a regulation Article 26 a (new) Article 26 a Replying to a take back request 1. The requested Member State shall make the necessary checks and shall give a decision on the request to take back the person concerned as quickly as possible and in any event no later than one month from the date on which the request was received. When the request is based on data obtained from the Eurodac system, that time limit shall be reduced to two weeks. 2. Failure to act within the one month period or the two weeks period mentioned in paragraph 1 shall be tantamount to accepting the request, and shall entail the obligation to take back the person concerned, including the obligation to provide for proper arrangements for arrival.
Amendment 719 #
Proposal for a regulation Article 26 a (new) Article 26 a Replying to a take back request 1. The requested Member State shall make the necessary checks and shall give a decision on the request to take back the person concerned as quickly as possible and in any event no later than one month from the date on which the request was received. When the request is based on data obtained from the Eurodac system, that time limit shall be reduced to two weeks. 2. Failure to act within the one month period or the two weeks period mentioned in paragraph 1 shall be tantamount to accepting the request, and shall entail the obligation to take back the person concerned, including the obligation to provide for proper arrangements for arrival.
Amendment 720 #
Proposal for a regulation Article 27 – paragraph 1 1. Where the requested Member State accepts to take charge of an applicant , the requesting Member State shall notify the applicant in writing with
Amendment 721 #
Proposal for a regulation Article 27 – paragraph 1 1. Where the requested Member State accepts to take charge of an applicant , the requesting Member State shall notify the applicant in writing with
Amendment 722 #
Proposal for a regulation Article 27 – paragraph 2 Amendment 723 #
Proposal for a regulation Article 27 – paragraph 2 2. Where the applicant or another person referred to in Article 20(1) (c)
Amendment 724 #
Proposal for a regulation Article 28 – paragraph 1 1. The applicant or another person as referred to in Article 20(1)(c)
Amendment 725 #
Proposal for a regulation Article 28 – paragraph 2 2. Member States shall provide for a period of
Amendment 726 #
Proposal for a regulation Article 28 – paragraph 2 2. Member States shall provide for a reasonable period, of
Amendment 727 #
Proposal for a regulation Article 28 – paragraph 2 2. Member States shall provide for a period of
Amendment 728 #
Proposal for a regulation Article 28 – paragraph 2 2. Member States shall provide for a period of
Amendment 729 #
Proposal for a regulation Article 28 – paragraph 3 3. For appeals against, or reviews of
Amendment 730 #
Proposal for a regulation Article 28 – paragraph new4 Amendment 731 #
Proposal for a regulation Article 28 – paragraph new4 Amendment 732 #
Proposal for a regulation Article 28 – paragraph new4 Amendment 733 #
Proposal for a regulation Article 28 – paragraph 5 Amendment 734 #
Proposal for a regulation Article 28 – paragraph 5 5. Where no transfer decision referred to in paragraph 1 is taken, Member States shall provide for an effective remedy before a court or tribunal, where the applicant claims that a family member or, in the case of unaccompanied minors, a relative is legally present in a Member State other than the one which is examining his or her application for international protection, and considers therefore that other Member State as Member State responsible for examining the application. The person concerned may exercise his or her right to such an effective remedy as of the day after the deadline for notifying the transfer decision in accordance with Article 27(1) and within a period of at least 15 days from the notification of the transfer decision. For the purpose of exercising the right to an effective remedy in accordance with this paragraph, Member States shall notify the applicant in writing that a transfer decision has not been taken within the deadline for the notification of the transfer decision in accordance with Article 27(1).
Amendment 735 #
Proposal for a regulation Article 28 – paragraph 5 5. Where no transfer decision referred to in paragraph 1 is taken, Member States shall provide for an effective remedy before a court or tribunal, where the applicant claims that a
Amendment 736 #
Proposal for a regulation Article 28 – paragraph 5 5. Where no transfer decision referred to in paragraph 1 is taken, Member States shall provide for an effective remedy before a court or tribunal, where the applicant claims that a
Amendment 737 #
Proposal for a regulation Article 28 – paragraph new6 new6. Without prejudice to the applicant's right to choose his or her own legal advisor or other counselor at his or her own cost, Member State
Amendment 738 #
Proposal for a regulation Article 28 – paragraph new6 new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation for minor applicants and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 739 #
Proposal for a regulation Article 28 – paragraph new6 new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 740 #
Proposal for a regulation Article 28 – paragraph new6 new6. Member States shall ensure that the person concerned has access to free legal assistance and, where necessary, to linguistic assistance, in line with Article 6ANEW.
Amendment 741 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 1 Member States shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved.
Amendment 742 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 1 Member States shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford the costs involved.
Amendment 743 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 2 Amendment 744 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 2 Amendment 745 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 3 Amendment 746 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 4 Amendment 747 #
Proposal for a regulation Article 28 – paragraph 7 – subparagraph 5 Legal assistance shall include at least the provision of information on the procedure in the light of the applicant´s individual circumstances, assistance in the preparation of relevant documentation and personal interview, including participation in the personal interview as necessary and the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation. Procedures for access to legal assistance shall be laid down in national law.
Amendment 748 #
Proposal for a regulation Article 29 Amendment 749 #
Proposal for a regulation Article 29 – paragraph 1 Amendment 750 #
Proposal for a regulation Article 29 – paragraph 1 Amendment 751 #
Proposal for a regulation Article 29 – paragraph 2 2.
Amendment 752 #
Proposal for a regulation Article 29 – paragraph 2 2.
Amendment 753 #
Proposal for a regulation Article 29 – paragraph 2 2. When there is a significant risk of absconding, Member States may detain the person concerned in order to secure transfer procedures 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 applicant's circumstances carried out by an independent judge.
Amendment 754 #
Proposal for a regulation Article 29 – paragraph 2 2. When there
Amendment 755 #
Proposal for a regulation Article 29 – paragraph 2 a (new) 2a. Because of measures taken to counteract absconding, the cost of detention in certain Member States is very high. The European Union Agency for Asylum and the AMIF shall provide the financial aid and resources necessary to ensure effective detention without placing too heavy a burden on public funds.
Amendment 756 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 1 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 it shall not exceed 3 months.
Amendment 757 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 1 a (new) Minors shall not be detained; Member States shall instead accommodate minors and families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 758 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 2 Amendment 759 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 2 Where a person is detained pursuant to this Article, the period for submitting a take charge request or a take back notification shall not exceed
Amendment 760 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 3 Where a person is detained pursuant to this Article, the transfer of that person from the requesting Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within
Amendment 761 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 4 Amendment 762 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 4 When the requesting Member State fails to comply with the deadlines for submitting a take charge request or take back notification or where the transfer does not take place within the period of
Amendment 763 #
Proposal for a regulation Article 29 – paragraph 3 a (new) 3 a. Detention of applicants 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 why they could not be applied effectively.
Amendment 764 #
Proposal for a regulation Article 29 – paragraph 4 4. As regards the detention conditions, which shall fully respect the person´s fundamental rights, and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.
Amendment 765 #
Proposal for a regulation Article 29 – paragraph 4 a (new) 4 a. For the purpose of the implementation of this Regulation, Member States shall not hold children in detention.
Amendment 766 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 1 The determining Member State whose take charge request referred to in Article 20(1) (a) was accepted or who made a take back notification referred to in Article 20(1) (b) to (
Amendment 767 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 2 newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (e) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision
Amendment 768 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 2 newThe transfer of the applicant or of another person as referred to in Article 20(1)(c)
Amendment 769 #
Proposal for a regulation Article 31 – paragraph 1 1. The costs necessary to transfer an applicant or another person as referred to in Article 20
Amendment 770 #
Proposal for a regulation Article 31 – paragraph 1 1. The costs necessary to transfer an applicant or another person as referred to in Article 20(1)(c)
Amendment 771 #
Proposal for a regulation Article 31 a (new) Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
source: 602.906
2017/04/25
LIBE
249 amendments...
Amendment 286 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation lays down the criteria and mechanisms for determining the
Amendment 287 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation lays down the criteria and mechanisms for determining the
Amendment 288 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, including stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and who is not national of a State which participates in this Regulation by virtue of an agreement with the Union;
Amendment 289 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, including stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons and who is not national of a State which participates in this Regulation by virtue of
Amendment 290 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) ‘application for international protection’ means an application for international protection as defined in
Amendment 291 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘applicant’ means a third-country
Amendment 292 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘applicant’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons who has made an application for international protection in respect of which a final decision has not yet been taken;
Amendment 293 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) ‘examination of an application for international protection’ means any examination of, or decision or ruling concerning, an application for international protection by the competent authorities in accordance with
Amendment 294 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 295 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
Amendment 296 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in
Amendment 297 #
Proposal for a regulation Article 2 – paragraph 1 – point g – introductory part (g) ‘family members’ means
Amendment 298 #
Proposal for a regulation Article 2 – paragraph 1 – point g – introductory part (g) ‘family members’ means
Amendment 299 #
Proposal for a regulation Article 2 – paragraph 1 – point g – introductory part (g) ‘family members’ means, insofar as the family already existed
Amendment 300 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 1 - the spouse 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, where a Member State does not recognise such a relationship, the applicant(s) shall be relocated to a Member State where such a relationship is recognized;
Amendment 301 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 1 - the spouse of the applicant or his or her unmarried partner in a stable relationship,
Amendment 302 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 - the
Amendment 303 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 - the
Amendment 304 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 - the
Amendment 305 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 - the
Amendment 306 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 - the minor children of couples referred to in the first indent or of the applicant,
Amendment 307 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 - the unmarried minor children of couples referred to in the first indent or of the applicant,
Amendment 308 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 2 a (new) - the dependent married minor children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under national law;
Amendment 309 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3 -
Amendment 310 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3 -
Amendment 311 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3 - the father, mother or, when the applicant is a minor
Amendment 312 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3 - when the applicant is a minor
Amendment 313 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 3 - when the applicant is a minor
Amendment 314 #
- when the applicant is a minor and married, the father or mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 315 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4 -
Amendment 316 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4 -
Amendment 317 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4 -
Amendment 318 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4 - when the beneficiary of international protection is a minor
Amendment 319 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 4 a (new) - when the beneficiary of international protection is a minor and married, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 320 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 Amendment 321 #
Amendment 322 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 Amendment 323 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 Amendment 324 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 - the sibling or siblings of the applicant, where the proof of the relationship is provided;
Amendment 325 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 a (new) - the aunt or uncle or grandparent of the beneficiary of international protection, if they are present in the territory of a Member State, regardless of whether the applicant and/or the beneficiary was born in or out of wedlock or adopted as defined under national law;
Amendment 326 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 a (new) - the father or mother, grandmother, grandfather, aunt or uncle of the applicant, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 327 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 a (new) - the grandparents of the applicant or beneficiary of international protection;
Amendment 328 #
Proposal for a regulation Article 2 – paragraph 1 – point g – indent 5 b (new) - the grandchildren of the applicant;
Amendment 329 #
Proposal for a regulation Article 2 – paragraph 1 – point h (h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent or cousin or nephew or niece who is present in the territory of a Member State, regardless of whether the applicant was
Amendment 330 #
Proposal for a regulation Article 2 – paragraph 1 – point h (h) ‘relative’ means the applicant’s
Amendment 331 #
Proposal for a regulation Article 2 – paragraph 1 – point i (i) ‘minor’ means a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, below the age of 18 years;
Amendment 332 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k) ‘
Amendment 333 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k)
Amendment 334 #
Proposal for a regulation Article 2 – paragraph 1 – point k a (new) (ka) 'sponsor' means a national of a Member State, or a third country national authorized by a Member State to stay in its territory as holder of any residence permit issued under EU law or national law of that Member State for a period of one year or longer, or an entity registered according to the delegated act referred to in Article 14(4).
Amendment 335 #
Proposal for a regulation Article 2 – paragraph 1 – point l (l) ‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in this Regulation or during the examination of an application for international protection or an application for a residence permit;
Amendment 336 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n) ‘risk of absconding’ means the proven existence of reasons in an individual case, which are based on specific and objective criteria strictly defined by law, in line with guidelines set up by the EU Fundamental Rights Agency, to believe that an applicant or a third-country national or a stateless person who is subject to a transfer procedure may abscond;
Amendment 337 #
Proposal for a regulation Article 2 – paragraph 1 – point o Amendment 338 #
Proposal for a regulation Article 2 – paragraph 1 – point o Amendment 339 #
Proposal for a regulation Article 2 – paragraph 1 – point o Amendment 340 #
Proposal for a regulation Article 2 – paragraph 1 – point o (o) ‘benefitting Member State’ means the Member State benefitting from the
Amendment 341 #
Proposal for a regulation Article 2 – paragraph 1 – point p Amendment 342 #
Proposal for a regulation Article 2 – paragraph 1 – point p a (new) (pa) - 'sponsor' means a European citizen , or a third country national legally residing in a Member State for a period of at least one year, or an entity registered, that respect the requirements set out in the delegated act referred to in Article 18a, paragraph 3.
Amendment 343 #
Proposal for a regulation Article 2 – paragraph 1 – point q Amendment 344 #
Proposal for a regulation Article 2 – paragraph 1 – point q – introductory part (q)
Amendment 345 #
Proposal for a regulation Article 2 – paragraph 1 – point q – introductory part (q)
Amendment 346 #
Proposal for a regulation Article 2 – paragraph 1 – point q – point i (i) ‘refugee status’
Amendment 347 #
Proposal for a regulation Article 2 – paragraph 1 – point q – point ii Amendment 348 #
Proposal for a regulation Article 2 – paragraph 1 – point q – point iii Amendment 349 #
Proposal for a regulation Article 2 – paragraph 1 – point r a (new) (ra) "temporary reception centers" means the centres set up pursuant to article 3-bis, paragraph 2, point c), and paragraph 3, in which international protection applicants will be accommodated pending their transfer to the Member State responsible for examination of their application;
Amendment 350 #
Proposal for a regulation Article 2 – paragraph 1 – point r a (new) (ra) 'Arrivals' means 'applicants' as defined in Article 2 (1) c, as well as third- country nationals or stateless persons who have irregularly entered the territory of a Member State and have not made an application for international protection.
Amendment 351 #
Proposal for a regulation Article 2 – paragraph 1 – point r b (new) (rb) «third State' receiving office» means all those Offices outside the territories of the Member States of the European Union qualified to receive the international protection applications pursuant article 3-bis, paragraph 1, points a) e b).
Amendment 352 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, on behalf of the European Union, which shall be the one which the criteria set out in Chapter III indicate is responsible.
Amendment 353 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a
Amendment 354 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border, in third countries or in the transit zones. The application shall be examined by a single Member State, which shall be the one
Amendment 355 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 Amendment 356 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 Amendment 357 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State
Amendment 358 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the
Amendment 359 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the
Amendment 360 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 Amendment 361 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 Where it is impossible to transfer an applicant to the Member State
Amendment 362 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that the
Amendment 363 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 3 Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III
Amendment 364 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 3 Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III
Amendment 365 #
Proposal for a regulation Article 3 – paragraph 2 a (new) 2a. Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because the applicant is affected by a serious disease or inability and the transfer would expose him/her to a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining State shall assume the competence to examine the application.
Amendment 366 #
Proposal for a regulation Article 3 – paragraph 2 a (new) 2a. Any Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Directive 2013/32/EU.
Amendment 367 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 368 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 369 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 370 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 371 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 372 #
Proposal for a regulation Article 3 – paragraph 3 – point a Amendment 373 #
Proposal for a regulation Article 3 – paragraph 3 – point b – introductory part (b) examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following ground
Amendment 374 #
Proposal for a regulation Article 3 – paragraph 3 – point b – point i Amendment 375 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 376 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 377 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 378 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 379 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 380 #
Proposal for a regulation Article 3 – paragraph 4 4. Where the Member State considers an application inadmissible or examines an application in accelerated procedure pursuant to paragraph 3, that Member State shall be considered the Member State responsible unless another Member State is responsible according to Article 15.
Amendment 381 #
Proposal for a regulation Article 3 – paragraph 4 4. Where the Member State
Amendment 382 #
Amendment 383 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 384 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 385 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 386 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 387 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 388 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 389 #
Proposal for a regulation Article 3 – paragraph 5 5. The Member State which has examined an application for international protection
Amendment 390 #
Proposal for a regulation Article 3 – paragraph 5 5. The Member State which has examined an application for international protection
Amendment 391 #
Proposal for a regulation Article 3 a (new) Article 3 a Article 3-bis Presentation of international protection applications 1. International protection applications may also be lodged: a) at the dedicated "International Protection Application Offices" that the European Commission may establish pursuant to a bilateral agreement with a third country, in refugee camps situated in countries adjacent to countries in conflict or in countries from which there is a massive exodus of persons who aspire to international protection status. At the time of establishment of such offices, the Commission: i. shall consult the Council and Political and Security Committee in order to guarantee co-ordination with the activity of EU Delegations for management of the crises which may be occurring on the territory of that third country State; ii. agree with the Member States the sufficient recruitment mechanisms to find the qualified human resources needed for execution of the tasks of the said offices. b) at the offices of EU Delegations or diplomatic Representatives of Member States previously identified by the Commission, in agreement with the European structure to which the Delegation or Member State responds. 2. The European Union shall make appropriate bilateral agreements with third countries in which the office is to be established for the institution of "International Protection Application Offices" referred to at 3 paragraph, point c) above. Such bilateral agreements shall relate to: a) the ability to establish the office; b) the legal status of the EU personnel assigned to that office; c) the creation of temporary reception centres at the offices for applicants awaiting their transfer to the European Union; d) any co-operation with other international entities or bodies or N.G.O's for the management of temporary reception centres referred to at letter c); e) the ability to create humanitarian corridors via air, sea or land transport for applicants from the temporary reception centre to the territory of the European Union; f) the willingness of the third country to accept the return of applicants coming from that Centre in the event of final refusal of their application for international protection. 3. Similar agreements to those set forth in paragraph 2 may be reached by the European Union with third countries where EU Delegations or Member State diplomatic representatives are established, as identified pursuant to art. 3.1.d).
Amendment 392 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 393 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 394 #
Proposal for a regulation Article 4 – paragraph 1 1. Where a person who intends to make an application for international protection has entered irregularly into the territory of the Member States, the application shall be made in the Member State of that first entry. Where a person who intends to make an application for international protection is legally present in a Member State, the application shall be made in that Member State. If the application is refused the Member State should repatriate the irregular migrant.
Amendment 395 #
Proposal for a regulation Article 4 – paragraph 1 1. Where a person who intends to
Amendment 396 #
Proposal for a regulation Article 4 – paragraph 1 1. Where a person who intends to make an application for international protection has entered
Amendment 397 #
Proposal for a regulation Article 4 – paragraph 2 2. The applicant shall submit as soon as possible a
Amendment 398 #
Proposal for a regulation Article 4 – paragraph 2 2. The applicant shall submit as soon as possible a
Amendment 399 #
Proposal for a regulation Article 4 – paragraph 2 2. The applicant shall submit as soon as possible a
Amendment 400 #
Proposal for a regulation Article 4 – paragraph 2 2. The applicant shall submit as soon as possible a
Amendment 401 #
Proposal for a regulation Article 4 – paragraph 2 2. The applicant for international protection shall submit as soon as possible a
Amendment 402 #
Proposal for a regulation Article 4 – paragraph 2 2. The applicant shall submit as soon as possible
Amendment 403 #
Proposal for a regulation Article 4 – paragraph 2 2. The applicant
Amendment 404 #
Proposal for a regulation Article 4 – paragraph 2 2. The applicant shall submit as soon as possible and at the latest during the interview pursuant to Article 7, all the elements and information re
Amendment 405 #
Proposal for a regulation Article 5 Amendment 406 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 407 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 408 #
Proposal for a regulation Article 5 – paragraph 1 1. If an applicant does not comply with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation shall examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU and detain the applicant to secure the transfer to the Member State responsible according to Article 29.4.
Amendment 409 #
Proposal for a regulation Article 5 – paragraph 1 1. If an applicant does not comply with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation
Amendment 410 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 411 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 412 #
Proposal for a regulation 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 competent authorities of that Member State shall inform the European Union Agency for Asylum thereof in a timely manner and shall introduce relevant information into the automated system referred to in Article 44(1) where the applicant has left the territory of that Member State.
Amendment 413 #
Proposal for a regulation 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
Amendment 414 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 415 #
Proposal for a regulation Article 5 – paragraph 2 2. The Member State in which the applicant is obliged to be present shall not continue the procedures for determining the Member State responsible
Amendment 416 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 417 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 418 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 419 #
Proposal for a regulation Article 5 – paragraph 3 3. The applicant shall not be entitled to the reception conditions set out in
Amendment 420 #
Proposal for a regulation Article 5 – paragraph 3 3. The applicant
Amendment 421 #
3. The applicant shall not be entitled to the reception conditions set out in Article
Amendment 422 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. 4. The applicant shall enjoy the rights according to Directive 2011/51/EU only 8 years after a status has been granted.
Amendment 423 #
Proposal for a regulation Article 5 – paragraph 4 Amendment 424 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. As soon as an application for international protection is lodged within the meaning of Article 21(2) in a Member State, its competent authorities shall inform the applicant of the application of this Regulation, in particular the opportunity to provide information regarding the presence of family members or any other family relations in other Member States and of the obligations set out in Article 4 a
Amendment 425 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. As soon as an application for international protection is
Amendment 426 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. As soon as an application for international protection is
Amendment 427 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. As soon as an application for international protection is lodged within the meaning of Article 2
Amendment 428 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. As soon as an application for international protection is
Amendment 429 #
Proposal for a regulation Article 6 – paragraph 1 – point a Amendment 430 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) that the right to apply for international protection does not encompass a
Amendment 431 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) that the right to apply for international protection does not encompass any choice of the applicant which Member State shall be responsible for examining the application for international protection, except when provided under the terms of Article 36;
Amendment 432 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) of the right to provide information on any meaningful links with a Member State for the purpose of determining that Member State as responsible for examining the application for international protection;
Amendment 433 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) of the right for the applicant to provide information about the presence in any Member State of meaningful links relevant under the provisions of Chapter VII of this Regulation
Amendment 434 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the
Amendment 435 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) of the objectives of this Regulation
Amendment 436 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined
Amendment 437 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined
Amendment 438 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the opportunity to provide information regarding the presence of family members or any other family relations in other Member States;
Amendment 439 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) of the provisions relating to family reunification, including the possibility provided by Article 13a, and in this regard on the applicable definition of family members and relatives as well as of the need for the applicant to disclose early in the procedure any relevant information that can help to establish the whereabouts of family members or relatives present in other Member States, as well as any assistance that the Member State can offer with regard to the tracing of family members, relatives, or other family relations.
Amendment 440 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) Of the procedure of immediate removal from the territories of the Member States without initiating a take back procedure in the case when the applicant has left the territory of the responsible Member State as a result of a return decision or a removal order issued following a rejection or a withdrawal of the application if that applicant later attempted to apply in a different Member State.
Amendment 441 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) that a Member State may decide to apply the discretionary clauses under Article 19 , as well as of the specific modalities relating to this procedure;
Amendment 442 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) that a Member State may decide to apply the discretionary clauses under Article 19, as well as of the specific modalities relating to this procedure;
Amendment 443 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) of the possibility under Article 36(4) to express a maximum of three preferences for the determining Member State responsible;
Amendment 444 #
Proposal for a regulation Article 6 – paragraph 1 – point c b (new) (cb) of the provisions relating to family reunification and of the provisions relating to the possibility to reunite with family members, relatives or sponsors pursuant to Articles 10-13 and 18ANEW of this Regulation;
Amendment 445 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) of the purpose of the personal interview pursuant to Article 7 a
Amendment 446 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) of the purpose of the personal interview pursuant to Article 7 a
Amendment 447 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) of the purpose of the personal interview pursuant to Article 7 a
Amendment 448 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) of the purpose of the personal interview pursuant to Article 7 a
Amendment 449 #
Proposal for a regulation Article 6 – paragraph 1 – point e (e) of the possibility to challenge a transfer decision
Amendment 450 #
Proposal for a regulation Article 6 – paragraph 1 – point e (e) of the possibility and modalities to challenge a transfer decision
Amendment 451 #
Proposal for a regulation Article 6 – paragraph 1 – point e (e) of the
Amendment 452 #
Proposal for a regulation Article 6 – paragraph 1 – point e (e) of the possibility to challenge a transfer decision within
Amendment 453 #
Proposal for a regulation Article 6 – paragraph 1 – point e a (new) (ea) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 454 #
Proposal for a regulation Article 6 – paragraph 1 – point i (i)
Amendment 455 #
Proposal for a regulation Article 6 – paragraph 1 – point i a (new) (ia) in the case of unaccompanied minors, of the role and responsibilities of the guardian and of the procedure to file complaints against a guardian in confidence and safety and in full respect of children's right to be heard in this respect;
Amendment 456 #
Proposal for a regulation Article 6 – paragraph 1 – point i a (new) (ia) of the right to request free legal assistance and representation in the appeal procedure provided for in Chapter V of [Proposal for the Asylum Procedures Regulation]
Amendment 457 #
Proposal for a regulation Article 6 – paragraph 1 – point i a (new) (ia) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 458 #
(ib) of the right to request free legal assistance and representation at all stages of the procedure;
Amendment 459 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands
Amendment 460 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands
Amendment 461 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands
Amendment 462 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 The information referred to in paragraph 1 shall be provided in writing in clear, concise language, and in a language that the applicant understands
Amendment 463 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 a (new) The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, where appropriate with the support of multimedia equipment. It may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a responsible Member State in accordance with this Regulation. In the case of minors, information shall be provided in a child- friendly manner by appropriately trained staff and with the involvement of the guardian.
Amendment 464 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 Where necessary for the proper understanding of the applicant, the
Amendment 465 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt implementing acts to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 466 #
Proposal for a regulation Article 6 – paragraph 3 3. The
Amendment 467 #
Proposal for a regulation Article 6 – paragraph 3 3. The
Amendment 468 #
Proposal for a regulation Article 6 – paragraph 3 3. The
Amendment 469 #
Proposal for a regulation Article 6 – paragraph 3 3. The
Amendment 470 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 471 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. The Asylum Agency shall provide a dedicated website with information about the CEAS, and in particular the functioning of this Regulation, targeting applicants for international protection as well as potential applicants. The information on the website shall be comprehensive and up to date and be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language and available in all the major relevant languages spoken by applicants for international protection arriving in Europe.
Amendment 472 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. The competent authorities of the Member States shall keep the applicants informed upon their own request on the progress of the procedures carried out under this Regulation with regard to their application. In the case of minors, the competent authorities shall inform both the minor and the guardian.
Amendment 473 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. The competent authorities of the Member States shall keep the applicants informed upon their own request on the progress of the procedures carried out under this Regulation with regard to their application. In the case of minors, the competent authorities shall inform both the minor and the guardian.
Amendment 474 #
Proposal for a regulation Article 6 a (new) Article 6 a Right to free legal assistance and representation 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. 2. The free 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 as necessary; (c) 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 28.
Amendment 475 #
Proposal for a regulation Article 7 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant
Amendment 476 #
Proposal for a regulation Article 7 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant
Amendment 477 #
Proposal for a regulation Article 7 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant
Amendment 478 #
Proposal for a regulation Article 7 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant, unless the
Amendment 479 #
Proposal for a regulation Article 7 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant, unless the
Amendment 480 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. The Member State may dispense with the personal interview where the information provided by the applicant pursuant to Article 4(2) is sufficient for determining the Member State responsible. The Member State dispensing with the interview shall give the applicant the opportunity to present all further information which is relevant for correctly determining the Member State responsible before a final decision is taken to transfer the applicant to the Member State responsible pursuant to Article 30(1). In the period between the final decision and the actual transfer to a designated Member State, Member States shall exceptionally take into consideration other elements provided by the applicant if the delay in submitting them is due to force majeure.
Amendment 481 #
Proposal for a regulation Article 7 – paragraph 2 2. The personal interview shall take place in a timely manner and, in any event, before any
Amendment 482 #
Proposal for a regulation Article 7 – paragraph 3 3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the legal advisor or counsellor. Where necessary, Member States shall have recourse to a
Amendment 483 #
Proposal for a regulation Article 7 – paragraph 3 3. The personal interview shall be conducted in a language that the applicant understands
Amendment 484 #
Proposal for a regulation Article 7 – paragraph 3 3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews with minors shall be conducted in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 485 #
Proposal for a regulation Article 7 – paragraph 3 3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate and, when the applicant is a minor, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 486 #
Proposal for a regulation Article 7 – paragraph 3 3. The personal interview shall be conducted in a language that the applicant understands
Amendment 487 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 488 #
Proposal for a regulation Article 7 – paragraph 4 4. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for effectively presenting all elements that would allow for the determination of the Member State responsible.
Amendment 489 #
Proposal for a regulation Article 7 – paragraph 4 4. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under
Amendment 490 #
Proposal for a regulation 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 491 #
Proposal for a regulation Article 7 – paragraph 5 5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information provided in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the applicant have
Amendment 492 #
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/ or the guardian, the legal advisor or
Amendment 493 #
Proposal for a regulation Article 7 – paragraph 5 Amendment 494 #
Proposal for a regulation Article 7 – paragraph 5 5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the legal advisor or other counsellor who is representing the applicant have timely access to the summary.
Amendment 495 #
Proposal for a regulation Article 7 – paragraph 5 5. The Member State conducting the personal interview shall
Amendment 496 #
Proposal for a regulation Article 7 – paragraph 5 a (new) 5a. Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
Amendment 497 #
Proposal for a regulation Article 8 – paragraph 1 1. The best interests of the child shall be
Amendment 498 #
1. The best interests of the child shall be
Amendment 499 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State where an unaccompanied minor is obliged to be present shall ensure that a
Amendment 500 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State where an unaccompanied minor is
Amendment 501 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State where an unaccompanied minor is
Amendment 502 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State where an
Amendment 503 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Each Member State where an unaccompanied minor is
Amendment 504 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 a (new) The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 505 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 a (new) The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific leaflets for unaccompanied minors and the forms provided for in Article 8. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the status of the procedures under this Regulation concerning them. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 506 #
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercising their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child.
Amendment 507 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 508 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 509 #
Proposal for a regulation 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 510 #
Proposal for a regulation 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
Amendment 511 #
Proposal for a regulation 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
Amendment 512 #
Proposal for a regulation Article 8 – paragraph 3 – point c a (new) (ca) situations of vulnerability, including trauma, specific health needs and disability
Amendment 513 #
Proposal for a regulation Article 8 – paragraph 3 – point c a (new) (ca) the guarantee of a handover to a designated guardian in the receiving Member State;
Amendment 514 #
Proposal for a regulation Article 8 – paragraph 3 – point c b (new) (cb) the information provided by the guardian in the Member State where the minor is present.
Amendment 515 #
Proposal for a regulation Article 8 – paragraph 3 – point c c (new) (cc) situations of vulnerability, including abuse, trauma, specific health needs and disability.
Amendment 516 #
Proposal for a regulation Article 8 – paragraph 3 – point d – point i (new) i) the need for decisions concerning children to be treated with priority
Amendment 517 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3a. situations of vulnerability, including abuse, trauma, specific health needs and disability;
Amendment 518 #
Proposal for a regulation Article 8 – paragraph 3 b (new) 3b. the need for decisions concerning children to be treated with priority;
Amendment 519 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 520 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 521 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 522 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 523 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 524 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 525 #
Proposal for a regulation Article 8 – paragraph 4 4. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the
Amendment 526 #
Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1 For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor
Amendment 527 #
Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1 For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied
Amendment 528 #
Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1 For the purpose of applying Article 10 and 19, the Member State where the unaccompanied minor
Amendment 529 #
Proposal for a regulation 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 530 #
Proposal for a regulation Article 8 – paragraph new5 – subparagraph 1 a (new) Before the transfer of an unaccompanied minor the authorities shall ensure the appointment of a guardian in the receiving Member State. The authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the modalities for the transfer. The Commission shall, by means of implementing acts, provide rules concerning the modalities for the transfer of guardianship.
Amendment 531 #
Proposal for a regulation Article 8 – paragraph new5 – subparagraph 3 The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 532 #
Proposal for a regulation Article 8 – paragraph 6 Amendment 533 #
Proposal for a regulation Article 8 – paragraph 6 6. The Commission shall, by means of a delegated act in accordance with this Article lay down the rules and procedures with regards to the transnational cooperation for the assessment of the best interests of the child. With a view to facilitating the appropriate action to identify the family members 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 534 #
Proposal for a regulation 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).
source: 602.907
2017/05/05
LIBE
250 amendments...
Amendment 1000 #
Proposal for a regulation Article 53 – paragraph 2 Amendment 1001 #
Proposal for a regulation Article 53 – paragraph 2 By way of derogation from Article 34(
Amendment 1002 #
Proposal for a regulation Article 53 – paragraph 2 By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the
Amendment 1003 #
Proposal for a regulation Article 53 – paragraph 2 a (new) By way of derogation from Article 35 the reference key for the corrective allocation shall be calculated using the formula in Annex Ia during the first three years following the entry into force of this Regulation.
Amendment 1004 #
Proposal for a regulation Article 57 – paragraph 2 2. The power to adopt delegated acts referred to in Articles
Amendment 1005 #
Proposal for a regulation Article 57 – paragraph 3 3. The delegation of power referred to in Articles
Amendment 1006 #
Proposal for a regulation Article 57 – paragraph new6 new6. A delegated act adopted pursuant to Articles
Amendment 1007 #
Proposal for a regulation Article 58 – paragraph 1 Amendment 1008 #
Proposal for a regulation Article 58 – paragraph 1 Amendment 1009 #
Proposal for a regulation Article 58 – paragraph 1 By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the
Amendment 1010 #
Proposal for a regulation Article 58 – paragraph 3 – subparagraph 1 (new) The European Union Agency for Asylum, in consultation with appropriate expert bodies and organisations, shall conduct a qualitative and quantitative stocktaking of the capacity for the reception of unaccompanied minors in all Member States during the transitional period referred to in Article 53(2a) in order to identify deficiencies and offer assistance to Member States in order to address those deficiencies.
Amendment 1011 #
Proposal for a regulation Article 59 – paragraph 2 Amendment 1012 #
Proposal for a regulation Article 60 – paragraph 1 Regulation (EU) No 604/2013 is repealed
Amendment 1013 #
Proposal for a regulation Annex I Amendment 1014 #
Proposal for a regulation Annex I – paragraph 2 a (new) GDP growth rate effectMS28a _________________ 28aFor three Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments.
Amendment 1016 #
Proposal for a regulation Annex I – paragraph 2 b (new) Unemployment rate effectMS = 1/average unemployment rate during the preceding 12 months28b _________________ 28bFor three Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments.
Amendment 1017 #
Proposal for a regulation Annex I – paragraph 2 b (new) Percentage of expenditure linked to migration when compared to the overall GDP effectMS
Amendment 1018 #
Proposal for a regulation Annex I – paragraph 2 c (new) Number of beneficiaries of international protection present in the territory effectMS
Amendment 1019 #
Proposal for a regulation Annex I – paragraph 3 ShareMS =
Amendment 1020 #
Proposal for a regulation Annex I – paragraph 3 ShareMS = 25
Amendment 1021 #
Proposal for a regulation Annex I a (new) Transitional arrangements for the calculation of the reference key in Article 35. 1. For the purpose of the corrective allocation mechanism, the reference number for each Member State shall, during a transitional period as defined in this Annex, be determined by a combination of a baseline key and the reference key referred to in Article 35. 2. The baseline reference key referred to in paragraph 1 shall be calculated by adding the lodged applications, using Eurostat figures, in Member States for the years 2011, 2012, 2013, 2014 and 2016, divided by the total amount of lodged applications within all Member States during that period. 3. The transitional reference key shall be calculated as follows a) from the entry into force until the end of the first calendar year following the entry into force ('year X') the transitional reference key should be the same as the baseline reference key b) in year X+1 the transitional reference key should be composed of 80% of the baseline reference key and 20% of the reference key in Article 35 of this regulation c) in year X+2 the transitional reference key should be composed of 50% of the baseline reference key and 50% of the reference key in Article 35 of this regulation 4. Following the expiration of the period mentioned in point (c) of paragraph 3 the reference key shall be calculated according to the provisions of Article 35.
Amendment 774 #
Proposal for a regulation Article 34 Amendment 775 #
Proposal for a regulation Article 34 Amendment 776 #
Proposal for a regulation Article 34 Amendment 777 #
Proposal for a regulation Article 34 Amendment 778 #
Proposal for a regulation Article 34 Amendment 779 #
Proposal for a regulation Article 34 Amendment 780 #
Proposal for a regulation Article 34 – paragraph 1 1. The allocation mechanism referred to in this Chapter shall be applied for
Amendment 781 #
Proposal for a regulation Article 34 – paragraph 1 1. The
Amendment 782 #
Proposal for a regulation Article 34 – paragraph 1 1. The allocation mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where
Amendment 783 #
Proposal for a regulation Article 34 – paragraph 1 1. The allocation mechanism referred to in this Chapter shall be applied voluntarily for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 784 #
Proposal for a regulation Article 34 – paragraph 1 1. The voluntary allocation mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 785 #
Proposal for a regulation Article 34 – paragraph 1 1. The voluntary allocation mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 786 #
Proposal for a regulation Article 34 – paragraph 1 a (new) 1a. During the application of the mechanism in accordance with paragraph 1, the benefitting Member State shall be relieved of its obligations under Article 20. The determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Amendment 787 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 788 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies
Amendment 789 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19,
Amendment 790 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than
Amendment 791 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than
Amendment 792 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than
Amendment 793 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than
Amendment 794 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than
Amendment 795 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons
Amendment 796 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 1
Amendment 797 #
Proposal for a regulation Article 34 – paragraph 2 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 1
Amendment 798 #
Proposal for a regulation Article 34 – paragraph 2 a (new) 2a. Where a Member State is located at external land or sea borders on the Western Mediterranean, Central Mediterranean and Eastern Mediterranean routes this Member State should be exempted from obligations of taking responsibility for allocated applications under the corrective mechanism from any other Member State.
Amendment 799 #
Proposal for a regulation Article 34 – paragraph 2 a (new) 2a. Paragraph 1 does not apply to applicants falling under the cases referred to in Articles 10-14ANEW and 18ANEW.
Amendment 800 #
Proposal for a regulation Article 34 – paragraph 3 3. The reference number of a Member State shall be determined immediately after all Member States have entered the data referred to in Article 34 a by applying the key referred to in Article 35 to the total number of a
Amendment 801 #
Proposal for a regulation Article 34 – paragraph 3 3. The reference number of a Member State shall be determined by applying the key referred to in Article 35 to the total number of applications
Amendment 802 #
Proposal for a regulation Article 34 – paragraph 3 3.
Amendment 803 #
Proposal for a regulation Article 34 – paragraph 3 3. The reference number of a Member State shall be determined by applying the key referred to in Article 35 to the total number of applications as well as the total number of resettled persons that have been
Amendment 804 #
Proposal for a regulation Article 34 – paragraph 3 3. The reference number of a Member State shall be determined by applying the key referred to in Article 35 to the total number of applications as well as the total number of resettled persons that have been entered by the respective Member States responsible in the automated system during the preceding
Amendment 805 #
Proposal for a regulation Article 34 – paragraph 4 4. The automated system shall inform Member States, the Commission and the European Union Agency for Asylum once per
Amendment 806 #
Proposal for a regulation Article 34 – paragraph 5 Amendment 807 #
Proposal for a regulation Article 34 – paragraph 5 5. The automated system shall continuously monitor
Amendment 808 #
Proposal for a regulation Article 34 – paragraph 6 Amendment 809 #
Proposal for a regulation Article 34 – paragraph 6 Amendment 810 #
Proposal for a regulation Article 34 – paragraph 6 6. Upon the notification referred to in paragraph 5, the
Amendment 811 #
Proposal for a regulation Article 34 a (new) Article 34 a Upon first use of the system Member States should enter, at the latest by the end of the transitional period referred to in Article 53, their current total number of applicants, as well as third-country nationals or stateless persons who have irregularly entered the territory of a Member State and have not made an application for international protection. Subsequently Member States shall enter the total number of irregular arrivals on a continuous basis.
Amendment 812 #
Proposal for a regulation Article 34 a (new) Article 34 a Family reunification procedure 1. Where the applicant states that he or she has family links in one of the Member States, the Member State which has received the application for international protection shall, within 30 days of the registration of the application for international protection, carry out a check on the information provided by the applicant, before applying the allocation mechanism referred to in Article 34(1). 2. If, on the basis of that check, the applicant’s statements prove to be well- founded, the relevant Member State shall transfer the applicant to the Member State in which he or she has declared he or she has family links. 3. If the Member State to which the applicant is transferred ascertains that the applicant has made false declarations, that Member State shall apply the allocation mechanism referred to in Article 34(1).
Amendment 813 #
Proposal for a regulation Article 35 Amendment 814 #
Proposal for a regulation Article 35 Amendment 815 #
Proposal for a regulation Article 35 Amendment 816 #
Proposal for a regulation Article 35 Amendment 817 #
Proposal for a regulation Article 35 Amendment 818 #
Proposal for a regulation Article 35 Amendment 819 #
Proposal for a regulation Article 35 – paragraph 1 1. For the purpose of the corrective mechanism,
Amendment 820 #
Proposal for a regulation Article 35 – paragraph 1 1. For the purpose of the
Amendment 821 #
Proposal for a regulation Article 35 – paragraph 1 1. For the purpose of the
Amendment 822 #
Proposal for a regulation Article 35 – paragraph 2 – introductory part 2. The reference key referred to in paragraph 1 shall be based on the following criteria for each Member State
Amendment 823 #
Proposal for a regulation Article 35 – paragraph 2 – point a (a) the size of the active population (25
Amendment 824 #
Proposal for a regulation Article 35 – paragraph 2 – point a (a) the size of the population (
Amendment 825 #
Proposal for a regulation Article 35 – paragraph 2 – point a (a) the size of the population
Amendment 826 #
Proposal for a regulation Article 35 – paragraph 2 – point b (b) the total GDP (25
Amendment 827 #
Proposal for a regulation Article 35 – paragraph 2 – point b (b) the total GDP (25
Amendment 828 #
Proposal for a regulation Article 35 – paragraph 2 – point b (b) the total GDP (
Amendment 829 #
Proposal for a regulation Article 35 – paragraph 2 – point b (b) the total GDP
Amendment 830 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) the number of beneficiaries of internal protection, persons resettled from third countries and persons received in the framework of EU relocation programmes.
Amendment 831 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) 2. (c) the number of asylum applications in the last 3 years (25% weighting)
Amendment 832 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) number of migrants already living in the Member State;
Amendment 833 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) the unemployment rate
Amendment 834 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) the unemployment rate
Amendment 835 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) the unemployment rate
Amendment 836 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) the unemployment rate
Amendment 837 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) unemployment rate (20 %)
Amendment 838 #
(bb) the average unemployment rate during the preceding 12 months (25% weighting)
Amendment 839 #
Proposal for a regulation Article 35 – paragraph 2 – point b b (new) (bb) the percentage of expenditure linked to migration when compared to the overall GDP
Amendment 840 #
Proposal for a regulation Article 35 – paragraph 2 – point b a (new) (ba) GDP growth rate during the preceding 12 months (25% weighting)
Amendment 841 #
Proposal for a regulation Article 35 – paragraph 2 – point b b (new) (bb) integration capacity of the Member State;
Amendment 842 #
Proposal for a regulation Article 35 – paragraph 2 – point b c (new) (bc) the number of beneficiaries of international protection who are present in the territory of the Member State
Amendment 843 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 1 (new) The reference key shall be corrected by reducing the share for the following year by 20% of the difference between the share based on GDP and population and the average number of irregular arrivals recorded by the Member State over the last three years, for countries which in the last three years have received an average share of irregular arrivals higher than that determined on the basis of (a) and (b).
Amendment 844 #
Proposal for a regulation Article 35 – paragraph 2 a (new) Amendment 845 #
Proposal for a regulation Article 35 – paragraph 3 3. The criteria referred to in paragraph 2 shall be applied by the formula as set out in Annex I
Amendment 846 #
Proposal for a regulation Article 36 Amendment 847 #
Proposal for a regulation Article 36 A
Amendment 848 #
Proposal for a regulation Article 36 Amendment 849 #
Proposal for a regulation Article 36 A
Amendment 850 #
Proposal for a regulation Article 36 Amendment 851 #
Proposal for a regulation Article 36 A
Amendment 852 #
Proposal for a regulation Article 36 Amendment 853 #
Proposal for a regulation Article 36 – paragraph 1 1. Where the threshold referred to in Article 34(2) is reached, the a
Amendment 854 #
Proposal for a regulation Article 36 – paragraph 1 1.
Amendment 855 #
Proposal for a regulation Article 36 – paragraph 2 2.
Amendment 856 #
Proposal for a regulation Article 36 – paragraph 2 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the
Amendment 857 #
Proposal for a regulation Article 36 – paragraph 2 2. Applicants who lodged their application in the benefitting Member State
Amendment 858 #
Proposal for a regulation Article 36 – paragraph 2 a (new) 2a. Where the threshold referred to in Article 34(2) is reached, the attribution of competence under Article 12a shall be adjusted in the following terms: - if the minor expressed the desire to be allocated to another Member State which is under its share and this is not against his/her best interest, this State becomes the competent State; - if the minor does not express any preference, the State competent under Article 12a shall be awarded a financial contribution under Article 37.
Amendment 859 #
Proposal for a regulation Article 36 – paragraph 2 a (new) 2a. 3. The examination of the criteria in Articles 10 to 14 and 18 may be conducted in the Member State benefitting from allocation in case there are clear indications that another Member State than the Member State of allocation is responsible for examining the application.
Amendment 860 #
Proposal for a regulation Article 36 – paragraph 2 b (new) Amendment 861 #
Proposal for a regulation Article 36 – paragraph 2 c (new) 2c. Where according to 36(2b) the benefiting State refuses to assume competence, and no other Member State could be responsible or accepts responsibility under Article 19 (2a), Article 16 shall apply.
Amendment 862 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 863 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 864 #
Proposal for a regulation Article 36 – paragraph 3 3. Applications
Amendment 865 #
Amendment 866 #
Proposal for a regulation Article 36 – paragraph 4 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate three Member States of possible allocation and promptly communicate this information to the applicant, who will be entitled to choose one responsible Member State among the three possible options as indicated by the automated system. The applicant shall have the possibility to express his or her preference not later than three working days after the notification of this information. Shall the applicant fail to communicate his or her preference within three working days from the notification of the possible Member States of allocation, the automated system shall indicate the final responsible Member State and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).
Amendment 867 #
Proposal for a regulation Article 36 a (new) Article 36 a Application of the allocation mechanism 1. When it was not possible to determine a Member State responsible according to the criteria set out in Chapters III and IV of this regulation, the determining Member State shall communicate to the applicant that he will be allocated. 2. If the applicant has meaningful links with a Member State, the determining Member State should follow the procedure laid down in Article 36b. 3. When the procedure laid down in Article 36b does not apply, the determining Member State should follow the procedure of Article 36c.
Amendment 868 #
Proposal for a regulation Article 36 a (new) Article 36 a Determination of the Member State of allocation 1. On the basis of the reference key referred to in Article 35, the automatic system referred to in Article 44(1) shall indicate the Member State of allocation responsible for examining the application for international protection, taking into account the following criteria: (a) Member States which have received the lowest number of applications for international protection; (b) Applicant’s skills, including spoken language skills; (c) Applicant’s cultural and social ties.
Amendment 869 #
Proposal for a regulation Article 36 b (new) Amendment 870 #
Proposal for a regulation Article 36 c (new) Article 36 c Determination of the Member State of allocation 1. On the basis of the reference key referred to in Article 35, the automated system referred to in Article 44(1) shall indicate the six Member States with the lowest number of applicants relative to their share of the fair distribution. 2. The determining Member State shall consult the automated system and communicate the short list of six Member States to the applicant. The applicant shall be enabled to choose among the six Member States included in the list, within 7 days. For this purpose, the applicant shall receive information on the possible Member States of allocation. The determining Member State shall communicate immediately the choice to the automated system and the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 3. When Article 24a applies, the applicant will not be able to make the choice provided by paragraph 2, and the Member State responsible will be determined randomly by the automated system. The automated system shall communicate that information to the determining Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2). 4. In cases of allocation of a minor, under the conditions set by Article 10, the choice provided by paragraph 2 shall always be granted and shall be accompanied by a multidisciplinary assessment of the best interests of the minor.
Amendment 871 #
Proposal for a regulation Article 37 Amendment 872 #
Proposal for a regulation Article 37 Amendment 873 #
Proposal for a regulation Article 37 Amendment 874 #
Proposal for a regulation Article 37 Amendment 875 #
Proposal for a regulation Article 37 Amendment 876 #
Proposal for a regulation Article 37 Amendment 877 #
Proposal for a regulation Article 37 Amendment 878 #
Proposal for a regulation Article 37 Amendment 879 #
Proposal for a regulation Article 37 Amendment 880 #
Proposal for a regulation Article 37 Amendment 881 #
Proposal for a regulation Article 37 – title Amendment 885 #
Proposal for a regulation Article 37 – title Amendment 886 #
Proposal for a regulation Article 37 – paragraph 1 1. A Member State
Amendment 887 #
Proposal for a regulation Article 37 – paragraph 1 1.
Amendment 888 #
Proposal for a regulation 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
Amendment 889 #
Proposal for a regulation Article 37 – paragraph 1 1. A Member State may
Amendment 890 #
Proposal for a regulation Article 37 – paragraph 1 1.
Amendment 891 #
Proposal for a regulation Article 37 – paragraph 1 1. A Member State may, a
Amendment 892 #
Proposal for a regulation Article 37 – paragraph 2 Amendment 893 #
Proposal for a regulation Article 37 – paragraph 2 2. The
Amendment 894 #
Proposal for a regulation Article 37 – paragraph 2 2.
Amendment 895 #
Proposal for a regulation Article 37 – paragraph 2 2. The automated system referred to in Article 44(1) shall in that case apply the reference key during th
Amendment 896 #
Proposal for a regulation Article 37 – paragraph 2 2. The automated system referred to in Article 44(1) shall in
Amendment 897 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 898 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 899 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 900 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 901 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 902 #
Proposal for a regulation Article 37 – paragraph 3 Amendment 903 #
Proposal for a regulation 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
Amendment 904 #
Proposal for a regulation 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
Amendment 905 #
Proposal for a regulation 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
Amendment 906 #
Proposal for a regulation Article 37 – paragraph 3 a (new) 3a. In case of non-payment of solidarity contributions, as a measure of last resort, the Commission shall deduct the amount due from European funds to which the Member State in question is entitled
Amendment 907 #
Proposal for a regulation Article 37 – paragraph 4 Amendment 908 #
Proposal for a regulation Article 37 – paragraph 4 Amendment 909 #
Proposal for a regulation Article 37 – paragraph 4 Amendment 910 #
Proposal for a regulation Article 37 – paragraph 4 Amendment 911 #
Proposal for a regulation Article 37 – paragraph 4 Amendment 912 #
Proposal for a regulation Article 37 – paragraph 4 Amendment 913 #
Proposal for a regulation Article 37 – paragraph 4 4. The Commission shall, by means of implementing acts, adopt a decision in accordance with the examination procedure
Amendment 914 #
Proposal for a regulation Article 37 – paragraph 5 Amendment 915 #
Proposal for a regulation Article 37 – paragraph 5 Amendment 916 #
Proposal for a regulation Article 37 – paragraph 5 Amendment 917 #
Proposal for a regulation Article 37 – paragraph 5 Amendment 918 #
Proposal for a regulation Article 37 – paragraph 5 Amendment 919 #
Proposal for a regulation Article 37 – paragraph 5 5. The European Union Agency for Asylum shall monitor and report to the Commission on a yearly basis on the application of the
Amendment 920 #
Proposal for a regulation 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) 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) 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 923 #
Proposal for a regulation Article 38 Amendment 924 #
Proposal for a regulation Article 38 Amendment 925 #
Proposal for a regulation Article 38 Amendment 926 #
Proposal for a regulation Article 38 – title Obligations of the
Amendment 927 #
Proposal for a regulation Article 38 – paragraph 1 The
Amendment 928 #
Proposal for a regulation Article 38 – paragraph 1 a (new) (b) detain the applicant according to Article 29.
Amendment 929 #
Proposal for a regulation Article 38 – paragraph a (a) take a decision at the latest within one week from the communication referred to in Article 36
Amendment 930 #
Proposal for a regulation Article 38 – paragraph c (c) transfer the applicant to the Member State of allocation, at the latest within four weeks from the final transfer decision with the assistance of the Asylum Agency.
Amendment 931 #
Proposal for a regulation Article 38 – paragraph c (c) transfer the applicant to the Member State of allocation, at the latest within
Amendment 932 #
Proposal for a regulation Article 39 Amendment 933 #
Proposal for a regulation Article 39 Amendment 934 #
Proposal for a regulation Article 39 Amendment 935 #
Proposal for a regulation Article 39 Amendment 936 #
Proposal for a regulation Article 39 – paragraph 1 – point a (a) confirm to the
Amendment 937 #
Proposal for a regulation Article 39 – paragraph 1 – point b (b) communicate to the
Amendment 938 #
Proposal for a regulation Article 39 – paragraph 1 – point d (d) examine his or her application for international protection as Member State responsible, unless
Amendment 939 #
Proposal for a regulation Article 39 – paragraph 1 – point d (d) examine his or her application for international protection as Member State responsible, unless, according to the criteria set out in Articles 10
Amendment 940 #
Proposal for a regulation Article 39 – paragraph 1 – point e (e) where, according to the criteria set out in Articles 10(1) to 10(4), to 13 and 16 to 18 a different Member State is responsible for examining the application, the Member State of allocation shall request that other Member State to take charge of the applicant;
Amendment 941 #
Amendment 942 #
Proposal for a regulation Article 40 Amendment 943 #
Amendment 944 #
Proposal for a regulation Article 40 Amendment 945 #
Proposal for a regulation Article 40 – paragraph 1 1. Where a transfer decision according to point (a) of Article 38 is taken, the
Amendment 946 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 Where, following a security verification, information on an applicant reveals that he or she is for serious reasons considered to be a danger to the national security or public order, information on the nature of the alert shall be fully shared with the law enforcement authorities in the
Amendment 947 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 2 The Member State of allocation shall inform the
Amendment 948 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 2 The Member State of allocation shall inform the benefitting Member State of the existence of such alert, specifying the law enforcement authorities in the Member State of application that have been fully informed, and record the existence of the alert in the automated system pursuant to point d of Article 23(2), within
Amendment 949 #
Proposal for a regulation 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 950 #
Proposal for a regulation 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
Amendment 951 #
Proposal for a regulation Article 40 – paragraph 3 3. Where the outcome of the security verification confirms that the applicant
Amendment 952 #
Proposal for a regulation Article 40 – paragraph 4 4. The information exchanged shall only be used for the purposes set out in paragraph 1 and shall not be further processed. As soon as the accelerated procedure referred to in paragraph 3 is completed, any personal data processed and exchanged pursuant to this Article shall be destroyed.
Amendment 953 #
Proposal for a regulation Article 41 Amendment 954 #
Proposal for a regulation Article 41 Amendment 955 #
Amendment 956 #
Proposal for a regulation Article 41 Amendment 957 #
Proposal for a regulation Article 41 – paragraph 2 2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State. In the case of minors, the same applies to relatives or other adults responsible for them.
Amendment 958 #
Proposal for a regulation Article 41 – paragraph 2 2. Family members and relatives to whom the procedure for allocation applies shall be allocated to the same Member State.
Amendment 959 #
Proposal for a regulation Article 41 – paragraph 2 2. Family members or siblings to whom the procedure for allocation applies shall be allocated to the same Member State.
Amendment 960 #
Proposal for a regulation Article 42 Amendment 961 #
Proposal for a regulation Article 42 Amendment 962 #
Proposal for a regulation Article 42 Amendment 963 #
Proposal for a regulation Article 42 Amendment 964 #
Proposal for a regulation Article 42 Amendment 965 #
Proposal for a regulation Article 42 – paragraph 1 1. For the costs to transfer an applicant to the Member State of allocation, the benefitting Member State shall be refunded by a lump sum of EUR 500 for each person transferred pursuant to Article 38(c). This financial support shall be implemented by applying the procedures laid down in Article 18 of Regulation (EU) No 516/2014. 2. The Member States of allocation shall receive an additional amount of EUR 6000 for each applicant received according to the corrective allocation procedure of this Regulation. This financial support shall be implemented by applying the procedures laid down in Article 18 of Regulation (EU) No 516/2014. 3. The fixed amount shall be increased for those Member States that have received only a few asylum seekers and their systems are not used to efficiently process asylum requests, in order to give those Member States the possibility to build capacity and ensure dignified protection for applicants. The amount shall be therefore fixed at a minimum of EUR 7500 in the first year, reduced progressively in the second year and return to EUR 6000 after two years.
Amendment 966 #
Proposal for a regulation Article 42 – paragraph 1 Amendment 967 #
Proposal for a regulation Article 42 – paragraph 1 For the costs to transfer an applicant to the Member State of allocation, the benefitting Member State and if it is appropriate the European Union Agency for Asylum shall be refunded by a lump sum of EUR 500 for each person transferred pursuant to Article 38(c).
Amendment 968 #
Proposal for a regulation Article 42 – paragraph 1 For the costs to transfer an applicant to the Member State of allocation, the benefitting Member State shall be refunded by a lump sum of EUR
Amendment 969 #
Proposal for a regulation Article 43 Amendment 970 #
Proposal for a regulation Article 43 Amendment 971 #
Proposal for a regulation Article 43 Amendment 972 #
Proposal for a regulation Article 43 Amendment 973 #
Proposal for a regulation Article 43 Amendment 974 #
Proposal for a regulation Article 43 Amendment 975 #
Proposal for a regulation Article 43 – paragraph 1 The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below
Amendment 976 #
Proposal for a regulation Article 43 – paragraph 1 The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below
Amendment 977 #
Proposal for a regulation Article 43 – paragraph 1 The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below
Amendment 978 #
Proposal for a regulation Article 43 a (new) Article 43 a Sanctions for failure to comply with corrective allocation mechanism If a Member State does not fulfil its obligations under Chapter VII it shall not be permitted to use EU funds to fund returns of third-country nationals to third countries and shall report annually on its use of Regulation (EU) No 516/2014 and Regulation (EU) No 1303/2013.
Amendment 979 #
Proposal for a regulation Article 43 a (new) Article 43 a Relationship with Regulation (EU) 2016/1624 Any measures taken in accordance with Article 19(1) of Regulation (EU) 2016/1624 shall be without prejudice to the application of the present Regulation.
Amendment 980 #
Proposal for a regulation Article 44 A
Amendment 981 #
Proposal for a regulation Article 44 – title Amendment 982 #
Proposal for a regulation Article 44 – paragraph 1 1. For the purposes of the registration and monitoring
Amendment 983 #
Proposal for a regulation Article 44 – paragraph 2 2. The
Amendment 984 #
Proposal for a regulation Article 45 A
Amendment 986 #
Proposal for a regulation Article 45 – paragraph 1 1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39, and for the procedure of Article 36c.
Amendment 987 #
Proposal for a regulation Article 45 – paragraph 1 1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the
Amendment 988 #
Proposal for a regulation Article 45 – paragraph 1 1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5)
Amendment 989 #
Proposal for a regulation Article 45 – paragraph 3 3. The information referred to in Article 23(2)
Amendment 990 #
Proposal for a regulation Article 47 – paragraph 1 1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, take back notifications
Amendment 991 #
Proposal for a regulation Article 47 – paragraph 3 3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 992 #
Proposal for a regulation Article 47 – paragraph 3 3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 993 #
Proposal for a regulation Article 49 – paragraph 1 a (new) That network shall promote the exchange of best practices concerning the examination of an asylum application by the competent authorities of Member States under this Regulation and initiate the training of the employees of those authorities.
Amendment 994 #
Proposal for a regulation Article 50 – paragraph 1 a (new) 1 a. Data subjects shall be notified without undue delay when a security incident including unlawful or unauthorised access or disclosure, alteration or loss of personal data processed is likely to result in a high risk to their rights and freedoms.
Amendment 995 #
Proposal for a regulation Article 50 – paragraph 2 2. The competent supervisory authority or authorities of each Member State shall monitor the lawfulness of the processing of personal data by the authorities referred to in Article 47 of the Member State in question
Amendment 996 #
Proposal for a regulation Article 50 – paragraph 3 3. The processing of personal data by the European Union Agency for Asylum
Amendment 997 #
Proposal for a regulation Article 52 Amendment 998 #
Proposal for a regulation Article 53 Amendment 999 #
Proposal for a regulation Article 53 – paragraph 2 source: 602.909
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2022-10-22Show (2) Changes | Timetravel
| procedure/instrument/1 |
Repealing Regulation (EU) No 604/2013 2008/0243(COD) See also 2016/0132(COD)
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Repealing Regulation (EU) No 604/2013 2008/0243(COD)
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2022-02-01Show (4) Changes | Timetravel
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2021-06-29Show (2) Changes | Timetravel
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2021-05-05Show (3) Changes | Timetravel
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https://www.europarl.europa.eu/doceo/document/LIBE-PR-599751_EN.html
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https://www.europarl.europa.eu/doceo/document/AFET-AD-599593_EN.html
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https://www.europarl.europa.eu/doceo/document/BUDG-AD-597582_EN.html
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2021-05-03Show (4) Changes | Timetravel
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EP
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2021-04-24Show (13) Changes | Timetravel
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https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE599.751
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https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE599.593&secondRef=06
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| docs/13/docs/0/url |
https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE597.582&secondRef=02
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Repealing Regulation (EU) No 604/2013 2008/0243(COD)
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Repealing Regulation (EU) No 604/2013 2008/0243(COD) See also 2016/0132(COD)
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2021-03-27Show (2) Changes | Timetravel
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2021-03-03Show (8) Changes | Timetravel
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2021-02-24Show (6) Changes | Timetravel
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2021-02-17Show (6) Changes | Timetravel
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2021-02-16Show (9) Changes | Timetravel
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2020-12-09Show (2) Changes | Timetravel
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2020-09-27Show (2) Changes | Timetravel
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2020-03-13Show (2) Changes | Timetravel
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2020-03-06Show (6) Changes | Timetravel
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EP
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EP
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2020-03-05Show (2) Changes | Timetravel
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2020-02-20Show (1) Changes | Timetravel
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2020-02-14Show (3) Changes | Timetravel
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2020-01-07Show (2) Changes | Timetravel
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2019-11-01Show (6) Changes | Timetravel
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2019-09-20Show (1) Changes | Timetravel
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2019-09-14Show (1) Changes | Timetravel
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2019-08-08Show (1) Changes | Timetravel
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2019-08-07Show (12) Changes | Timetravel
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2019-07-08Show (2) Changes | Timetravel
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LIBE/8/06528New
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RegulationNew
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New
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Old
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. RecastNew
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. Recast |
2018-09-12Show (2) Changes | Timetravel
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2017-11-11Show (1) Changes | Timetravel
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2017-11-08Show (2) Changes | Timetravel
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2017-10-27Show (2) Changes | Timetravel
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2017-08-13Show (11) Changes | Timetravel
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Justice and Home Affairs (JHA)
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2016-12-09T00:00:00 |
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3508
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Transport, Telecommunications and Energy
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3545
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2017-08-12Show (11) Changes | Timetravel
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3508
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3545
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2017-06-29Show (1) Changes | Timetravel
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2017-03-22Show (1) Changes | Timetravel
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2017-03-18Show (2) Changes | Timetravel
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2017-03-13Show (1) Changes | Timetravel
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CELEX:52016PC0270:EN
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2017-03-12Show (1) Changes | Timetravel
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CELEX:52016PC0270:EN
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2017-02-16Show (5) Changes | Timetravel
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METSOLA RobertaNew
MUSSOLINI Alessandra |
| links/Research document |
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2016-12-22Show (2) Changes | Timetravel
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2016-11-26Show (13) Changes | Timetravel
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2016-10-19T00:00:00
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2016-10-07Show (4) Changes | Timetravel
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2016-07-12T00:00:00
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2016-07-12T00:00:00
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2016-09-15Show (3) Changes | Timetravel
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LIBE/8/06528
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Old
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Awaiting committee decision |
2016-07-14Show (1) Changes | Timetravel
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2016-06-19Show (2) Changes | Timetravel
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2016-06-15T00:00:00
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2016-06-10Show (3) Changes | Timetravel
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2016-05-26T00:00:00
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2016-06-05Show (1) Changes | Timetravel
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2016-05-31Show (1) Changes | Timetravel
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2016-05-25Show (2) Changes | Timetravel
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2016-05-18Show (5) Changes
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