2016/0224(COD) Asylum Procedure Regulation
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
KELLER Fabienne ( Renew)
|
DÜPONT Lena ( EPP),
GUILLAUME Sylvie ( S&D),
MARQUARDT Erik ( Verts/ALE),
FEST Nicolaus ( ID),
KANKO Assita ( ECR),
REGO Sira ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | AFET | ||
| Committee Opinion | EMPL | ||
| Former Committee Opinion | AFET | ||
| Former Committee Opinion | EMPL |
Lead committee dossier:
Legal Basis:
TFEU 078-p2
Legal Basis:
TFEU 078-p2Events
2024/04/22
Indicative plenary sitting date
2024/02/14
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2024/02/08
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/04/20
EP - Amendments tabled in committee
Documents
2021/12/16
EP - Amendments tabled in committee
Documents
2021/12/16
EP - Amendments tabled in committee
Documents
2021/10/11
EP - Amendments tabled in committee
Documents
2021/04/16
EL_PARLIAMENT - Contribution
Documents
2021/03/30
RO_SENATE - Contribution
Documents
2021/02/19
DE_BUNDESRAT - Contribution
Documents
2021/01/20
PT_PARLIAMENT - Contribution
Documents
2020/12/15
ES_PARLIAMENT - Contribution
Documents
2020/11/09
EP - KELLER Fabienne (Renew) appointed as rapporteur in LIBE
2020/09/23
EC - Supplementary legislative basic document
Details
In the context of the New Pact on Migration and Asylum which represents a fresh start on migration, the Commission presents a targeted amendment to its 2016 proposal for a new Regulation on asylum procedures to allow for a more efficient and flexible application of procedures at the border.
The aim of this proposal is to establish, with the new proposal for a Regulation introducing pre-entry screening , a close link between all stages of the migration process, from arrival to the processing of asylum applications and, where appropriate, return. The rules on asylum and return procedures at the border shall thus be merged into a single legislative instrument.
The purpose is to further prevent migrants from delaying procedures for the sole purpose of preventing their removal from the Union and misusing the asylum system.
The new procedures should be governed by the same rules, regardless of the Member State applying them, to ensure equity in the treatment of the applicants, third-country nationals or stateless persons subject to them and clarity and legal certainty for the individual.
The main modifications made by the Commission concern the following issues:
Border asylum procedure
Under the amended proposal, an asylum procedure at the border shall be applied to asylum applications which are manifestly abusive, or where the applicant represents a security threat or is unlikely to be in need of international protection due to the low rate of recognition of his/her nationality for international protection.
In addition, Member States may choose to use a border asylum procedure on the basis of the admissibility of the application or on the substance of the application, where the application is to be examined under an accelerated procedure.
In cases where, from the outset, it is unlikely that the readmission of such persons, in the event of a negative decision on their asylum application, shall be granted, Member States may decide not to apply the border asylum procedure, but rather to apply the regular asylum procedure.
The time limit for examining applications under the asylum procedure at the border shall, in principle, not exceed 12 weeks from the first registration of the application, including where a single appeal is lodged.
The Commission stipulates that unaccompanied minors and families with children below the age of 12 may only be subject to a border procedure for reasons linked to national security or public order.
A new border procedure for carrying out return
The proposal introduces a border procedure for carrying out return, which replaces the return border procedure included in the 2018 proposal for a recast Return Directive. The border procedure for carrying out return applies to applicants, third-country nationals or stateless persons whose applications have been rejected in the context of the border procedure for asylum. Persons subject to this procedure are not authorised to enter the Member State’s territory and should be kept at the external borders, or in their proximity, or in transit zones.
Third-country nationals and stateless persons subject to the procedure can be granted a period for voluntary departure not exceeding 15 days, without prejudice to the possibility to voluntarily comply with the obligation to return departing from a border area or transit zone at any moment. The border procedure for carrying out return cannot exceed 12 weeks, starting from when the person concerned no longer has a right to remain and is no longer allowed to remain.
The proposal specifies that a return decision and a decision rejecting an asylum application shall be issued simultaneously, which shall speed up existing practices.
Documents
2020/01/30
FR_ASSEMBLY - Contribution
Documents
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2018/05/30
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/05/28
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/05/22
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2018/05/22
EP - Committee report tabled for plenary, 1st reading
Documents
2018/04/25
EP - Vote in committee, 1st reading
2018/04/25
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
2017/05/12
EP - Committee draft report
Documents
2017/02/08
CofR - Committee of the Regions: opinion
Documents
2016/12/09
CSL - Council Meeting
2016/11/14
DE_BUNDESRAT - Contribution
Documents
2016/11/11
PT_PARLIAMENT - Contribution
Documents
2016/11/09
IT_SENATE - Contribution
Documents
2016/10/27
CZ_SENATE - Contribution
Documents
2016/10/14
CSL - Debate in Council
Documents
2016/10/14
CSL - Council Meeting
2016/10/12
RO_CHAMBER - Contribution
Documents
2016/10/10
CZ_CHAMBER - Contribution
Documents
2016/09/12
EP - Committee referral announced in Parliament, 1st reading
2016/07/13
EC - Legislative proposal published
Details
PURPOSE: to establish a common procedure granting and withdrawing international protection, which replaces the various procedures in the Member States, and which is applicable to all applications for international protection made in Member States.
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: the Common European Asylum System is based on rules determining the Member State responsible for applicants for international protection , common standards for asylum procedures, reception conditions, the recognition and protection of beneficiaries of international protection.
Notwithstanding the significant progress that has been made in the development of the Common European Asylum System (CEAS), there are still notable differences between the Member States in the types of procedures used, the reception conditions provided to applicants, the recognition rates and the type of protection granted to beneficiaries of international protection. These divergences contribute to secondary movements and asylum shopping, create pull factors, and ultimately lead to an uneven distribution among the Member States of the responsibility to offer protection to those in need.
Recent large scale arrivals have shown that Europe needs an effective and efficient asylum system able to assure a fair and sustainable sharing of responsibility between Member States and to ensure the quality of the decisions made.
Against this backdrop, the Commission presented a first set of proposals to reform the Common European Asylum System delivering on three priorities identified in its Communication:
establishing a sustainable and fair Dublin system for determining the Member State responsible for examining asylum applications, reinforcing the Eurodac system to better monitor secondary movements and facilitate the fight against irregular migration, establishing a genuine European Union Agency for Asylum to ensure the well-functioning of the European asylum system.
With the second package, the Commission is completing the reform of the Common European Asylum System by adopting four additional proposals:
this proposal replacing the Asylum Procedures Directive with a Regulation, harmonising the current disparate procedural arrangements in all Member States and creating a genuine common procedure; a proposal replacing the Qualification Directive with a Regulation , setting uniform standards for the recognition of persons in need of protection and the rights granted to beneficiaries of international protection; a proposal revising the Reception Conditions Directive ; a structured Union resettlement framework , moving towards a more managed approach to international protection within the EU.
CONTENT: the aim of this proposal is to ensure fast and efficient treatment of applications for international protection by establishing a common procedure for granting and withdrawing international protection, which replaces the various procedures in the Member States, and which is applicable to all applications for international protection made in Member States.
By choosing the form of a Regulation, which is directly applicable in all Member States, and by removing elements of discretion as well as simplifying, streamlining and consolidating procedural arrangements, the proposal aims at achieving a higher degree of harmonisation and greater uniformity in the outcome of asylum procedures across all Member States, thereby removing incentives for asylum shopping and secondary movements between Member States.
The proposal promotes the objective of ensuring fast but high quality decision making at all stages of the procedure
Main aims of the proposal :
1. Simpler, clearer and shorter procedures which replace the current disparate procedural arrangements in the Member States.
- time-limits : this proposal provides for short but reasonable time-limits for an applicant to accede to the procedure and for concluding the examination of applications both at the administrative and the appeal stages. The six-month benchmark for a first decision is maintained, while significantly shorter time-limits are foreseen for dealing with manifestly unfounded and inadmissible claims.
Member States also have possibility to prioritise and examine quickly any application. Time-limits for registering, lodging and examining applications are set up but may be exceptionally extended when Member States receive a disproportionate number of simultaneous applications . To plan for such eventualities, Member States should rather regularly review and anticipate their needs to ensure that they have adequate resources in place to manage their asylum system efficiently. Where necessary, Member States may also rely on the assistance of the European Union Agency for Asylum. In addition, the use of the admissibility procedure and the accelerated examination procedure becomes mandatory and the provisions on subsequent applications are clarified allowing for exceptions from the right to remain at the end of or during the administrative procedure.
These procedures should be expedient and for this reason the time-limit proposed for an accelerated examination procedure is of two months whereas that for inadmissibility cases is of one month.
In cases where the ground for inadmissibility is the fact that an applicant comes from a first country of asylum or a safe-third country, the time-limit for the admissibility check is set at ten working days.
Border procedures , which normally imply the use of detention throughout the procedure, remain optional and can be applied for examining admissibility or the merits of applications on the same grounds as under an accelerated examination procedure. If no decision is taken within four weeks, the applicant gains the right to enter and remain on the territory.
- additional elements : following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
2. Procedural guarantees safeguarding the rights of the applicants to ensure that asylum claims are adequately assessed within the framework of a streamlined and shorter procedure.
This is ensured by informing all applicants , at the start of the procedure, of their rights, obligations and consequences of not complying with their obligations. The applicants need to be given an effective opportunity to cooperate and properly communicate with the responsible authorities so as to present all facts at their disposal to substantiate their claim. Applicants are required to cooperate with the responsible authorities for them to be able to establish their identity, including by providing their fingerprints and facial image. The applicant needs to inform the responsible authorities of his or place of residence and telephone number so that he or she can be reached for the purposes of the procedure.
- personal interview : the proposal contains important guarantees for the applicant to ensure that, subject to limited exceptions and at all stages of the procedure, an applicant enjoys the right to be heard through a personal interview, is assisted with the necessary interpretation and is provided with free legal assistance and representation. However, Member States may decide not to provide free legal assistance and representation when the applicant has sufficient resources and where the application or appeal are considered as having no tangible prospect of success;
- right to remain on the territory : within three working days from lodging an application, the applicant must be provided with a document certifying that the individual is an applicant, stating that he or she has a right to remain on the territory of the Member State and stating that it is not a valid travel document . The proposal sets out the type of information that should be included in that document and foresees the possibility of having a uniform format for those documents to be established by means of an implementing act so as to ensure that all applicants receive the same document across all Member States ;
- right to an effective remedy : the applicants have the right to appropriate notification of a decision, the reasons for that decision in fact and in law and, in the case of a negative decision, they have the right to an effective remedy before a court or a tribunal ;
- unaccompanied minors : the proposal upholds a high level of special procedural guarantees for vulnerable categories of applicants, and in particular for unaccompanied minors. To ensure a fair procedure for these applicants, it is necessary to identify their needs as early as possible in the procedure and to provide them with adequate support and guidance throughout all stages of the procedure.
As regards children in general, the best interests of the child as a primary consideration is the prevailing principle when applying the common procedure. All children, irrespective of their age and of whether they are accompanied or not, shall also have the right to a personal interview unless it is manifestly not in the child's best interests.
As regards unaccompanied minors, they should be assigned a guardian as soon as possible and not later than five working days from the moment an unaccompanied minor makes an application. The role of the guardian is to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in the procedure for international protection. The proposal provides that a guardian should not be made responsible for a disproportionate number of minors
3. Stricter rules to prevent abuse of the system, sanction manifestly abusive claims and remove incentives for secondary movements by setting out clear obligations for applicants to cooperate with the authorities throughout the procedure and by attaching strict consequences to non-compliance with obligations.
In this respect, the examination of an application for international protection is made conditional upon lodging an application, fingerprinting, providing the necessary details for the examination of the application as well as presence and stay in the Member State responsible.
Failure to comply with any of these obligations may lead to an application being rejected as abandoned in accordance with the procedure for implicit withdrawal.
The current optional procedural instruments for sanctioning abusive behaviour of applicants, secondary movements and manifestly unfounded claims are made compulsory and further reinforced. In particular, the proposal provides for clear, exhaustive and compulsory lists of grounds where an examination must be accelerated and where applications must be rejected as manifestly unfounded or as abandoned. Moreover, the ability to respond to subsequent applications abusing the asylum procedure has been reinforced, in particular by enabling the removal of such applicants from Member States' territories before and after an administrative decision is taken on their applications.
At the same time, all guarantees are in place, including the right to an effective remedy , to ensure that the rights of applicants are always guaranteed.
4. Harmonised rules on safe countries : where applicants are manifestly not in need of international protection because they come from a safe country of origin, their applications must be quickly rejected and a swift return organised . Where applicants have already found a first country of asylum where they enjoy protection or where their applications can be examined by a safe third country, applications must be declared inadmissible. The Commission proposes to progressively move towards full harmonisation in this area, and to replace national safe country lists with European lists or designations at Union level within five years of entry into force of the Regulation ('sunset' clause).
The proposed EU common list of safe countries of origin includes Albania, Bosnia and Herzegovina, former Yugoslav Republic of Macedonia, Kosovo, Montenegro, Serbia and Turkey.
Monitoring, evaluation and reporting arrangements : the Commission shall report on the application of this Regulation to the European Parliament and to the Council within two years from its entry into force and every five years after that.
Documents
Documents
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000947
- Amendments tabled in committee: PE745.488
- Amendments tabled in committee: PE699.340
- Amendments tabled in committee: PE702.964
- Amendments tabled in committee: PE697.689
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Supplementary legislative basic document: COM(2020)0611
- Supplementary legislative basic document: EUR-Lex
- Contribution: COM(2016)0467
- Committee report tabled for plenary, 1st reading/single reading: A8-0171/2018
- Committee report tabled for plenary, 1st reading: A8-0171/2018
- Debate in Council: 3545
- Committee draft report: PE597.506
- Committee of the Regions: opinion: CDR5807/2016
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Debate in Council: 3490
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Legislative proposal published: COM(2016)0467
- Legislative proposal published: EUR-Lex
- Committee of the Regions: opinion: CDR5807/2016
- Committee draft report: PE597.506
- Committee report tabled for plenary, 1st reading/single reading: A8-0171/2018
- Supplementary legislative basic document: COM(2020)0611 EUR-Lex
- Amendments tabled in committee: PE697.689
- Amendments tabled in committee: PE699.340
- Amendments tabled in committee: PE702.964
- Amendments tabled in committee: PE745.488
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000947
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2016)0467
- Contribution: COM(2020)0611
- Contribution: COM(2016)0467
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
- Contribution: COM(2020)0611
Votes
A8-0171/2018 – Fabienne Keller – Request to vote on the amendments to the draft legislative act #
2024/04/10 Outcome: -: 476, +: 135, 0: 11
NI
The Left
PPEA8-0171/2018 – Fabienne Keller – Provisional agreement – Am 346 #
2024/04/10 Outcome: +: 301, -: 269, 0: 51
| Amendments | Dossier |
| 2078 |
2016/0224(COD)
2017/06/26
LIBE
1409 amendments...
Amendment 1000 #
Proposal for a regulation Article 30 – paragraph 1 – point a Amendment 1001 #
Proposal for a regulation Article 30 – paragraph 1 – point a Amendment 1002 #
Proposal for a regulation Article 30 – paragraph 1 – point a Amendment 1003 #
Amendment 1004 #
Proposal for a regulation Article 30 – paragraph 1 – point b Amendment 1005 #
Proposal for a regulation Article 30 – paragraph 1 – point b Amendment 1006 #
Proposal for a regulation Article 30 – paragraph 1 – point c Amendment 1007 #
Proposal for a regulation Article 30 – paragraph 1 – point c Amendment 1008 #
Proposal for a regulation Article 30 – paragraph 1 – point c Amendment 1009 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 Organisations and persons accredited under national law for providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.
Amendment 1010 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 Organisations and persons accredited under national law for providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.
Amendment 1011 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 Amendment 1012 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 2 Amendment 1013 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 2 Member States may impose limits to such access where, by virtue of national law, they are necessary for the security
Amendment 1014 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 2 Member States may impose limits to such access where, by virtue of national law, they are necessary for the security
Amendment 1015 #
Proposal for a regulation Article 31 – title Amendment 1016 #
Proposal for a regulation Article 31 – title Applications on behalf of a spouse,
Amendment 1017 #
Proposal for a regulation Article 31 – title Applications on behalf of a
Amendment 1018 #
Proposal for a regulation Article 31 – title Applications on behalf of a
Amendment 1019 #
Proposal for a regulation Article 31 – title Applications on behalf of a
Amendment 1020 #
Proposal for a regulation Article 31 – paragraph 1 1.
Amendment 1021 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of
Amendment 1022 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of
Amendment 1023 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of his or her
Amendment 1024 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of his or her spouse
Amendment 1025 #
Proposal for a regulation Article 31 – paragraph 1 1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minor
Amendment 1026 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 1027 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 1028 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 1029 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 1030 #
Proposal for a regulation Article 31 – paragraph 2 2. The spouse or partner referred to in paragraph 1 shall be informed in private by the determining authority of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be
Amendment 1031 #
Proposal for a regulation Article 31 – paragraph 2 2. The spouse
Amendment 1032 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 1033 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 1034 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 1035 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 1036 #
Proposal for a regulation Article 31 – paragraph 3 3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the
Amendment 1037 #
Proposal for a regulation Article 31 – paragraph 3 3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the twenty working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another twenty working- day period starting from the expiry of the first t
Amendment 1038 #
Proposal for a regulation Article 31 – paragraph 3 3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the
Amendment 1039 #
Proposal for a regulation Article 31 – paragraph 3 3. Where an applicant does not lodge an application on behalf of his or her spouse
Amendment 1040 #
Proposal for a regulation Article 31 – paragraph 4 Amendment 1041 #
Proposal for a regulation Article 31 – paragraph 4 Amendment 1042 #
Proposal for a regulation Article 31 – paragraph 4 4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of and with the consent of that dependent adult if, on the basis of an individual assessment of his or her
Amendment 1043 #
Proposal for a regulation Article 31 – paragraph 4 4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the
Amendment 1044 #
Proposal for a regulation Article 31 – paragraph 4 4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the
Amendment 1045 #
Proposal for a regulation Article 31 – paragraph 4 4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the twenty working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation,
Amendment 1046 #
Proposal for a regulation Article 31 – paragraph 5 Amendment 1047 #
Proposal for a regulation Article 31 – paragraph 5 Amendment 1048 #
Proposal for a regulation Article 31 – paragraph 5 5. Where a person has lodged an application on behalf of
Amendment 1049 #
Proposal for a regulation Article 31 – paragraph 5 5. Where a person has lodged an application on behalf of his or her
Amendment 1050 #
Proposal for a regulation Article 31 – paragraph 5 5. Where a person has lodged an application on behalf of his or her spouse or
Amendment 1051 #
Proposal for a regulation Article 31 – paragraph 7 Amendment 1052 #
Proposal for a regulation Article 31 – paragraph 8 Amendment 1053 #
Proposal for a regulation Article 31 – paragraph 8 Amendment 1054 #
Proposal for a regulation Article 31 – paragraph 8 8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application
Amendment 1055 #
Proposal for a regulation Article 31 – paragraph 8 8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the
Amendment 1056 #
Proposal for a regulation Article 31 – paragraph 9 Amendment 1057 #
Proposal for a regulation Article 31 – paragraph 9 Amendment 1058 #
Proposal for a regulation Article 31 – paragraph 9 9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working-day period starting from the
Amendment 1059 #
Proposal for a regulation Article 31 – paragraph 9 9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the
Amendment 1060 #
Proposal for a regulation Article 31 – paragraph 9 9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the twenty working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further twenty working-day period starting from the expiry of the first twenty working- day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further twenty working days, the a
Amendment 1061 #
Proposal for a regulation Article 31 – paragraph 9 9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the
Amendment 1062 #
Proposal for a regulation Article 31 – paragraph 10 Amendment 1063 #
Proposal for a regulation Article 31 – paragraph 10 Amendment 1064 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 1 Amendment 1065 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 1 For the purpose of taking a decision on the admissibility of an application in case of a separate application by a
Amendment 1066 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 1 For the purpose of taking a decision on the admissibility of an application in case of a separate application by a
Amendment 1067 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 1 For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse
Amendment 1068 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits.
Amendment 1069 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of the
Amendment 1070 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of the
Amendment 1071 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of the spouse
Amendment 1072 #
Proposal for a regulation Article 31 – paragraph 10 – subparagraph 2 Where there are facts relating to the situation of
Amendment 1073 #
Proposal for a regulation Article 32 – paragraph 1 1. An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf.
Amendment 1074 #
Proposal for a regulation Article 32 – paragraph 2 2.
Amendment 1075 #
Proposal for a regulation Article 32 – paragraph 2 2. In the case of an unaccompanied minor, the
Amendment 1076 #
Proposal for a regulation Article 32 – paragraph 2 2. In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor
Amendment 1077 #
Proposal for a regulation Article 32 – paragraph 2 2. In the case of an unaccompanied minor, the twenty working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those twenty working days, the determining authority shall lodge an application on behalf of the unaccompanied minor
Amendment 1078 #
Proposal for a regulation Article 32 – paragraph 2 2. In the case of an unaccompanied minor, the
Amendment 1079 #
Proposal for a regulation Article 32 – paragraph 3 Amendment 1080 #
Proposal for a regulation Article 33 – paragraph 2 Amendment 1081 #
Proposal for a regulation Article 33 – paragraph 2 – introductory part 2.
Amendment 1082 #
Proposal for a regulation Article 33 – paragraph 2 – introductory part 2. The determining authority shall take decisions on applications for international protection after an appropriate examination
Amendment 1083 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum
Amendment 1084 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights and child- focused organisations, or from other sources;
Amendment 1085 #
Proposal for a regulation Article 33 – paragraph 2 – point d (d) the individual position and personal circumstances of the applicant
Amendment 1086 #
Proposal for a regulation Article 33 – paragraph 2 – point г (d) the individual position and personal circumstances of the applicant, including factors such as background, gender
Amendment 1087 #
Proposal for a regulation Article 33 – paragraph 2 – point e Amendment 1088 #
Proposal for a regulation Article 33 – paragraph 2 – point e Amendment 1089 #
Proposal for a regulation Article 33 – paragraph 2 – point e (e)
Amendment 1090 #
Proposal for a regulation Article 33 – paragraph 2 – point e (e) whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole
Amendment 1091 #
Proposal for a regulation Article 33 – paragraph 2 – point f Amendment 1092 #
Proposal for a regulation Article 33 – paragraph 2 – point f (f) whether
Amendment 1093 #
Proposal for a regulation Article 33 – paragraph 2 – point f (f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship or residence status.
Amendment 1094 #
Proposal for a regulation Article 33 – paragraph 2 – point f (f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country
Amendment 1095 #
Proposal for a regulation Article 33 – paragraph 2 a (new) 2 a. Where, at any time before a final decision has been taken on application for international protection, the applicant is granted an EU Blue Card in accordance with Directive xxx/xxx (on the conditions of entry and residence of third country nationals for the purpose of highly skilled employment), that application shall be postponed. That postponement shall last until the EU Blue Card - and any renewal of the EU Blue Card - has expired and the applicant has returned to the Member State responsible for the application of international protection. All the relevant time-limits, in respect of that application for international protection, as laid down in this Regulation shall be postponed accordingly. Those time-limits shall start to run again only once the applicant has returned to the Member State responsible for the application for international protection. An applicant for international protection who is granted an EU Blue Card may explicitly withdraw his or her application for international protection at any time during the validity of the EU Blue Card in accordance with Article 38.The determining authority shall not consider an application for international protection to be implicitly withdrawn in accordance with Article 39 on the ground that the applicant has become an EU Blue Card holder.
Amendment 1096 #
Proposal for a regulation Article 33 – paragraph 3 3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum
Amendment 1097 #
Proposal for a regulation Article 33 – paragraph 3 3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law and shall have completed the necessary training under Regulation (EU) XXX/XXX (EU Asylum Agency Regulation). They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 1098 #
Proposal for a regulation Article 33 – paragraph 5 – introductory part 5. An examination of an application for international protection may be prioritised in accordance with the basic principles and guarantees of Chapter II, in particular, where
Amendment 1099 #
Proposal for a regulation Article 33 – paragraph 5 – point a Amendment 1100 #
Proposal for a regulation Article 33 – paragraph 5 – point a Amendment 1101 #
Proposal for a regulation Article 33 – paragraph 5 – point a (a) the application is prima facie regarded as likely to be well-
Amendment 1102 #
Proposal for a regulation Article 33 – paragraph 5 – point b Amendment 1103 #
Proposal for a regulation Article 33 – paragraph 5 – point b (b) the applicant has speci
Amendment 1104 #
Proposal for a regulation Article 33 – paragraph 5 – point b (b) the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees as referred to in Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.
Amendment 1105 #
Proposal for a regulation Article 33 – paragraph 5 – point b (b) the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees
Amendment 1106 #
Proposal for a regulation Article 33 – paragraph 5 – point b (b) the applicant has speci
Amendment 1107 #
Proposal for a regulation Article 33 – paragraph 5 a (new) 5 a. The European Agency for Asylum shall be a centre for gathering relevant, reliable, objective, accurate and up-to date information on relevant third countries in a transparent and impartial manner, making use of relevant information, including child-specific and gender- specific information, as well as targeted information on persons belonging to vulnerable groups as provided in Articles 8 and 9 in the Regulation (EU) XXX/XXX (on the European Agency for Asylum).
Amendment 1108 #
Proposal for a regulation Article 33 – paragraph 5 b (new) 5 b. The European Agency for Asylum shall regularly review the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX [SCO/APR] or designated as safe third countries at Union level in accordance with Regulation (EU) No XXX/XXX [APR], including those that have been suspended by the Commission and those that have been removed from that list.
Amendment 1109 #
Proposal for a regulation Article 34 – paragraph 1 Amendment 1110 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application. Where the determining authority does not determine the admissibility of an application within one month, it shall continue the examination of the application in accordance with paragraph 2 and 3 and Article 37 and shall inform the applicant accordingly.
Amendment 1111 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 Amendment 1112 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 1113 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 Amendment 1114 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 The time-limit for such examination shall be ten
Amendment 1115 #
Proposal for a regulation Article 34 – paragraph 2 2. The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than
Amendment 1116 #
Proposal for a regulation Article 34 – paragraph 2 2. The determining authority shall ensure that an examination procedure
Amendment 1117 #
Proposal for a regulation Article 34 – paragraph 3 Amendment 1118 #
Proposal for a regulation Article 34 – paragraph 3 – introductory part 3. The determining authority may extend that time-limit
Amendment 1119 #
Proposal for a regulation Article 34 – paragraph 3 – point a (a) a disproportionate number of third- country nationals or stateless persons simultaneously apply for international protection, making it difficult in practice to conclude the procedure within the
Amendment 1120 #
Proposal for a regulation Article 34 – paragraph 5 Amendment 1121 #
Proposal for a regulation Article 34 – paragraph 5 Amendment 1122 #
Proposal for a regulation Article 34 – paragraph 5 Amendment 1123 #
Proposal for a regulation Article 34 – paragraph 5 – subparagraph 1 Amendment 1124 #
Proposal for a regulation Article 34 – paragraph 5 – subparagraph 1 – point a (a) conduct reviews of the situation in that country of origin at least every two months; these reviews will be undertaken from competent bodies at EU level.
Amendment 1125 #
Proposal for a regulation Article 34 – paragraph 5 – subparagraph 1 – point b (b) inform the applicants concerned
Amendment 1126 #
Proposal for a regulation Article 34 – paragraph 5 – subparagraph 2 The Member State shall inform the Commission and the European Union Agency for Asylum within a reasonable time of the postponement of procedures for that country of origin. In any event, the determining authority shall conclude the examination procedure within 1
Amendment 1127 #
Proposal for a regulation Article 35 – paragraph 1 1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant
Amendment 1128 #
Proposal for a regulation Article 35 – paragraph 1 1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand, and where possible using simple language.
Amendment 1129 #
Proposal for a regulation Article 35 – paragraph 1 1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands
Amendment 1130 #
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands
Amendment 1131 #
Proposal for a regulation Article 35 – paragraph 1 1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands
Amendment 1132 #
Proposal for a regulation Article 35 – paragraph 2 Amendment 1133 #
Proposal for a regulation Article 35 – paragraph 2 2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection shall be given in writing
Amendment 1134 #
Proposal for a regulation Article 35 – paragraph 2 2. Where an application is rejected as inadmissible, as unfounded with regard to refugee
Amendment 1135 #
Proposal for a regulation Article 35 – paragraph 2 2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection
Amendment 1136 #
Proposal for a regulation Article 35 – paragraph 3 3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application is based on the
Amendment 1137 #
Proposal for a regulation Article 35 – paragraph 3 3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application is based on the same grounds, the determining authority may take a single decision, covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests
Amendment 1138 #
3. In cases of applications on behalf of
Amendment 1139 #
Proposal for a regulation Article 35 – paragraph 3 3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application
Amendment 1140 #
Proposal for a regulation Article 35 – paragraph 3 3.
Amendment 1141 #
Proposal for a regulation Article 36 Amendment 1142 #
Proposal for a regulation Article 36 Amendment 1143 #
Proposal for a regulation Article 36 – paragraph 1 Amendment 1144 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part 1.
Amendment 1145 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part 1. The determining authority shall assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and
Amendment 1146 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part 1. The determining authority
Amendment 1147 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part 1. The determining authority
Amendment 1148 #
Proposal for a regulation Article 36 – paragraph 1 – point a Amendment 1149 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 44,
Amendment 1150 #
Proposal for a regulation Article 36 – paragraph 1 – point b Amendment 1151 #
Proposal for a regulation Article 36 – paragraph 1 – point b (b) a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 45,
Amendment 1152 #
Proposal for a regulation Article 36 – paragraph 1 – point c Amendment 1153 #
Proposal for a regulation Article 36 – paragraph 1 – point d Amendment 1154 #
Proposal for a regulation Article 36 – paragraph 1 – point d (d) a spouse or partner or accompanied minor lodges an application after he or she had consented, in accordance with Article 31, to have an application lodged on his or her behalf, and there are no facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1155 #
Proposal for a regulation Article 36 – paragraph 1 – point г г) a
Amendment 1156 #
Proposal for a regulation Article 36 – paragraph 2 Amendment 1157 #
Proposal for a regulation Article 36 – paragraph 2 2. An application shall not be examined on its merits in the cases where an application is not examined in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), including when another Member State has granted international protection to the applicant
Amendment 1158 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 1159 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 1160 #
Proposal for a regulation Article 36 – paragraph 3 3. Paragraph 1(a) and (b) shall not apply to a beneficiary of
Amendment 1161 #
Proposal for a regulation Article 36 – paragraph 4 Amendment 1162 #
Proposal for a regulation Article 36 – paragraph 4 Amendment 1163 #
Proposal for a regulation Article 36 – paragraph 4 Amendment 1164 #
Proposal for a regulation Article 36 – paragraph 5 Amendment 1165 #
Proposal for a regulation Article 36 – paragraph 5 Amendment 1166 #
Proposal for a regulation Article 36 – paragraph 5 5. Where the determining authority prima facie considers that an application may be rejected as manifestly unfounded in accordance with Article 37(3), it shall not be obliged to pronounce itself on the admissibility of the application.
Amendment 1167 #
Proposal for a regulation Article 37 – paragraph 1 1. When examining an application on the merits, the determining authority shall take a decision on whether the applicant qualifies as a refugee
Amendment 1168 #
Proposal for a regulation Article 37 – paragraph 2 2. The determining authority shall reject an application as unfounded where it has established that the applicant does not qualify for international protection
Amendment 1169 #
Proposal for a regulation Article 37 – paragraph 3 3.
Amendment 1170 #
Proposal for a regulation Article 37 – paragraph 3 3. The determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40(1)(a), (b), (c),
Amendment 1171 #
Proposal for a regulation Article 37 – paragraph 3 3. The determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40
Amendment 1172 #
Proposal for a regulation Article 37 – paragraph 3 3. The determining authority
Amendment 1173 #
Proposal for a regulation Article 37 – paragraph 3 3. The determining authority
Amendment 1174 #
Proposal for a regulation Article 38 – paragraph 1 1. An applicant may, of his or her own motion and at any time during the procedure, withdraw his or her application. The determining authority shall ensure that the applicant understands all procedural consequences of such a decision.
Amendment 1176 #
Proposal for a regulation Article 39 – title Amendment 1177 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. The determining authority
Amendment 1178 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. The determining authority shall
Amendment 1179 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. The determining authority shall reject an application as
Amendment 1180 #
Proposal for a regulation Article 39 – paragraph 1 – point a (a) the applicant has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so and having been informed about the consequences of not lodging the application within the time- limit;
Amendment 1181 #
Proposal for a regulation Article 39 – paragraph 1 – point a (a) three months following the registration and despite being reminded by the determining authority the applicant has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so
Amendment 1182 #
Proposal for a regulation Article 39 – paragraph 1 – point b Amendment 1183 #
Proposal for a regulation Article 39 – paragraph 1 – point b (b) three months following the registration and despite being reminded by the determining authority a spouse, partner or minor has not lodged his or her application after the applicant failed to lodge the application on his or her own behalf as referred to in Article 31(3) and (8);
Amendment 1184 #
Proposal for a regulation Article 39 – paragraph 1 – point б б) a
Amendment 1185 #
Proposal for a regulation Article 39 – paragraph 1 – point b b) a spouse
Amendment 1186 #
Proposal for a regulation Article 39 – paragraph 1 – point c (c) the applicant refuses to cooperate by not providing the necessary details referred to in points (a) and (b) of the second paragraph of Article 27(1) for the application to be examined
Amendment 1187 #
Proposal for a regulation Article 39 – paragraph 1 – point c (c) the applicant refuses to cooperate by not providing all the necessary details for the application to be examined
Amendment 1188 #
Proposal for a regulation Article 39 – paragraph 1 – point c (c) the applicant refuses to cooperate by not providing the
Amendment 1189 #
Proposal for a regulation Article 39 – paragraph 1 – point c (c) the applicant refuses to cooperate by not providing the necessary details
Amendment 1190 #
Proposal for a regulation Article 39 – paragraph 1 – point d Amendment 1191 #
Proposal for a regulation Article 39 – paragraph 1 – point d (d) the applicant has, on more than one occasion and without reasonable explanation, not appeared for a personal interview although he was required to do so pursuant to Articles 10 to 12;
Amendment 1192 #
Proposal for a regulation Article 39 – paragraph 1 – point e Amendment 1193 #
Proposal for a regulation Article 39 – paragraph 1 – point e Amendment 1194 #
Proposal for a regulation Article 39 – paragraph 1 – point e Amendment 1195 #
Proposal for a regulation Article 39 – paragraph 1 – point f Amendment 1196 #
Proposal for a regulation Article 39 – paragraph 1 – point f Amendment 1197 #
Proposal for a regulation Article 39 – paragraph 1 – point f (f) the applicant has
Amendment 1198 #
Proposal for a regulation Article 39 – paragraph 1 – point f (f) the applicant has
Amendment 1199 #
Proposal for a regulation Article 39 – paragraph 1 – point f a (new) (fa) the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision;
Amendment 1200 #
Proposal for a regulation Article 39 – paragraph 1 a (new) 1 a. (g) the applicant violates the obligations set out in Article 4(1) and Article 20(3) of Regulation (EU) No XXX/XXX (Dublin Regulation), without being able to demonstrate that the violation was due to circumstances beyond his or her control.
Amendment 1201 #
Proposal for a regulation Article 39 – paragraph 2 Amendment 1202 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, and where the applicant has been properly informed by the responsible authorities at the beginning of the procedure of his or her obligations referred to in this regulation and the consequences deriving from not adhering to these obligations, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her
Amendment 1203 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as
Amendment 1204 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless
Amendment 1205 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of
Amendment 1206 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in
Amendment 1207 #
Proposal for a regulation Article 39 – paragraph 2 2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application
Amendment 1208 #
Proposal for a regulation Article 39 – paragraph 3 Amendment 1209 #
Proposal for a regulation Article 39 – paragraph 3 Amendment 1210 #
Proposal for a regulation Article 39 – paragraph 3 3. Where the applicant reports to the determining authority within that one- month period
Amendment 1211 #
Proposal for a regulation Article 39 – paragraph 3 3. Where the applicant reports to the determining authority within that
Amendment 1212 #
Proposal for a regulation Article 39 – paragraph 4 Amendment 1213 #
Proposal for a regulation Article 39 – paragraph 4 4. Where the applicant does not report to the determining authority within this one-month period
Amendment 1214 #
Proposal for a regulation Article 39 – paragraph 4 4. Where the applicant does not report to the determining authority within this
Amendment 1215 #
Proposal for a regulation Article 39 – paragraph 4 4. Where the applicant does not report to the determining authority within this
Amendment 1216 #
Proposal for a regulation Article 39 – paragraph 5 Amendment 1217 #
Proposal for a regulation Article 39 – paragraph 5 Amendment 1218 #
Proposal for a regulation Article 39 – paragraph 5 (5) Where an application is implicitly withdrawn, the determining authority shall
Amendment 1219 #
Proposal for a regulation Article 39 – paragraph 5 5. Where an application is implicitly withdrawn, the determining authority
Amendment 1220 #
Proposal for a regulation Article 39 – paragraph 5 a (new) 5 a. In deciding on the circumstances referred to in paragraph 1, the determining authority shall ensure that such a person is not removed contrary to the principle of non-refoulement.
Amendment 1221 #
Proposal for a regulation Article 39 – paragraph 5 a (new) 5a. The implicit withdrawal procedure shall not apply to minors.
Amendment 1222 #
Proposal for a regulation Article 40 – paragraph 1 – introductory part 1. The determining authority shall, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection
Amendment 1223 #
Proposal for a regulation Article 40 – paragraph 1 – introductory part 1. The determining authority
Amendment 1224 #
Proposal for a regulation Article 40 – paragraph 1 – introductory part 1. The determining authority
Amendment 1225 #
Proposal for a regulation Article 40 – paragraph 1 – introductory part 1. The determining authority
Amendment 1226 #
Proposal for a regulation Article 40 – paragraph 1 – point a Amendment 1227 #
(aa) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member States;
Amendment 1228 #
Proposal for a regulation Article 40 – paragraph 1 – point a a (new) (aa) the application is likely to be well- founded;
Amendment 1229 #
Proposal for a regulation Article 40 – paragraph 1 – point b Amendment 1230 #
Proposal for a regulation Article 40 – paragraph 1 – point c Amendment 1231 #
Proposal for a regulation Article 40 – paragraph 1 – point c Amendment 1232 #
Proposal for a regulation Article 40 – paragraph 1 – point c (c) the applicant has misled the authorities by presenting false information or documents or by withholding, destroying or disposing of relevant information or documents with respect to his or her identity
Amendment 1233 #
Proposal for a regulation Article 40 – paragraph 1 – point c (c) the applicant has misled the authorities by presenting false information or false or forged documents or by withholding relevant information or documents with respect to his or her identity, age or nationality that could have had a negative impact on the decision;
Amendment 1234 #
Proposal for a regulation Article 40 – paragraph 1 – point d Amendment 1235 #
Proposal for a regulation Article 40 – paragraph 1 – point d Amendment 1236 #
Proposal for a regulation Article 40 – paragraph 1 – point d (d) the applicant is making an application
Amendment 1237 #
Proposal for a regulation Article 40 – paragraph 1 – point d (d) the applicant is making an application merely to delay
Amendment 1238 #
Proposal for a regulation Article 40 – paragraph 1 – point e Amendment 1239 #
Proposal for a regulation Article 40 – paragraph 1 – point e Amendment 1240 #
Proposal for a regulation Article 40 – paragraph 1 – point e (e) a third country may be considered as a safe country of origin for the applicant within the meaning of this Regulation, provided that adequate support for the purpose of Article 19 can be provided within the framework of such a procedure;
Amendment 1241 #
Proposal for a regulation Article 40 – paragraph 1 – point e (e) a third country
Amendment 1242 #
Proposal for a regulation Article 40 – paragraph 1 – point f Amendment 1243 #
Proposal for a regulation Article 40 – paragraph 1 – point f Amendment 1244 #
Proposal for a regulation Article 40 – paragraph 1 – point f Amendment 1245 #
Proposal for a regulation Article 40 – paragraph 1 – point f (f) the applicant may
Amendment 1246 #
Proposal for a regulation Article 40 – paragraph 1 – point f (f) the applicant may
Amendment 1247 #
Proposal for a regulation Article 40 – paragraph 1 – point f a (new) (f a) the applicant has committed a criminal offence, which is penalised by imprisonment.
Amendment 1248 #
Proposal for a regulation Article 40 – paragraph 1 – point g Amendment 1249 #
Proposal for a regulation Article 40 – paragraph 1 – point g Amendment 1250 #
Proposal for a regulation Article 40 – paragraph 1 – point g Amendment 1251 #
Proposal for a regulation Article 40 – paragraph 1 – point g Amendment 1252 #
Proposal for a regulation Article 40 – paragraph 1 – point g (g) the applicant does not comply with the obligations set out in Article 4(1) and Article
Amendment 1253 #
Proposal for a regulation Article 40 – paragraph 1 – point g a (new) (g a) the applicant has travelled or attempted to travel to a country outside of the territory of the EU Member States, especially to the applicant's home country, since having been registered as applicant for international protection in an EU Member State.
Amendment 1254 #
Proposal for a regulation Article 40 – paragraph 1 – point h Amendment 1255 #
Proposal for a regulation Article 40 – paragraph 1 – point h Amendment 1256 #
Proposal for a regulation Article 40 – paragraph 1 – point з з) the application is a subsequent application, including where the person has already been refused protection or has been the subject of a return decision, where the application is so clearly without substance or abusive that it has no tangible prospect of success.
Amendment 1257 #
Proposal for a regulation Article 40 – paragraph 1 – point h (h) the application is a subsequent application
Amendment 1258 #
Proposal for a regulation Article 40 – paragraph 2 2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application.
Amendment 1259 #
Proposal for a regulation Article 40 – paragraph 2 2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application.
Amendment 1260 #
Proposal for a regulation Article 40 – paragraph 2 2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application.
Amendment 1261 #
Proposal for a regulation Article 40 – paragraph 2 2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application. By way of exception, in the cases set out in paragraph (1)(d) and (1)(h), the determining authority shall conclude the accelerated examination procedure within eight working days.
Amendment 1262 #
Proposal for a regulation Article 40 – paragraph 2 a (new) 2a. The Member State responsible shall allow applicants to remain on its territory until the time limit within which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time limit, pending the outcome of the remedy, in line with Article 54 of this Regulation.
Amendment 1263 #
Proposal for a regulation Article 40 – paragraph 4 4. Where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure, it may continue the examination on the merits in accordance with Articles 34 and 37. This is without prejudice to the right of the determining authority to declare an application manifestly unfounded in accordance with Article 37(3) which shall remain valid also for the subsequent examination on the merits procedure. In that case, or where otherwise a decision cannot be taken within the time-limits referred to in paragraph 2, the applicant concerned shall be informed of the change in the procedure.
Amendment 1264 #
Proposal for a regulation Article 40 – paragraph 4 4. Where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure,
Amendment 1265 #
Proposal for a regulation Article 40 – paragraph 5 Amendment 1266 #
Amendment 1267 #
Proposal for a regulation Article 40 – paragraph 5 Amendment 1268 #
Proposal for a regulation Article 40 – paragraph 5 – introductory part 5. The accelerated examination procedure may be applied to unaccompanied minors only whe
Amendment 1269 #
Proposal for a regulation Article 40 – paragraph 5 – introductory part 5. The accelerated examination procedure may be applied to unaccompanied minors only where
Amendment 1270 #
Proposal for a regulation Article 40 – paragraph 5 – point a Amendment 1271 #
Proposal for a regulation Article 40 – paragraph 5 – point a Amendment 1272 #
Proposal for a regulation Article 40 – paragraph 5 – point a Amendment 1273 #
Proposal for a regulation Article 40 – paragraph 5 – point b Amendment 1274 #
Proposal for a regulation Article 40 – paragraph 5 – point b Amendment 1275 #
Proposal for a regulation Article 40 – paragraph 5 a (new) 5 a. The accelerated examination procedure shall not apply to minors
Amendment 1277 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. The determining authority may, in accordance with the basic principles and guarantees provided for in Chapter II, take a decision, at its own discretion and depending on its capacity, on an application at the border or in transit zones of the Member State on:
Amendment 1278 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. The determining authority may
Amendment 1279 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. The determining authority
Amendment 1280 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. The determining authority
Amendment 1281 #
Proposal for a regulation Article 41 – paragraph 1 – point a Amendment 1282 #
Proposal for a regulation Article 41 – paragraph 1 – point a (a) the admissibility of an application made at such locations pursuant to Article 36
Amendment 1283 #
Proposal for a regulation Article 41 – paragraph 1 – point b Amendment 1284 #
Proposal for a regulation Article 41 – paragraph 1 – point b (b) the implicit withdrawal of an application pursuant to the relevant points in Article 39(1) or the merits of an application in the cases subject to the accelerated examination procedure referred to in Article 40.
Amendment 1285 #
Proposal for a regulation Article 41 – paragraph 2 2. A decision referred to in paragraph 1 shall be taken as soon as possible without prejudice to an adequate and complete examination of the application, and not longer than
Amendment 1286 #
Proposal for a regulation Article 41 – paragraph 2 2. A decision referred to in paragraph 1 shall be taken as soon as possible without prejudice to an adequate and complete examination of the application, and not longer than
Amendment 1287 #
Proposal for a regulation Article 41 – paragraph 3 3. Where a final decision is not taken within
Amendment 1288 #
Proposal for a regulation Article 41 – paragraph 3 3. Where a final decision is not taken within
Amendment 1289 #
Proposal for a regulation Article 41 – paragraph 3 3. Where a final decision is not taken within four weeks referred to in paragraph 2, the applicant shall no longer be kept at the border or transit zones and shall be granted entry to the territory of the Member State for his or her application to be processed in accordance with the other provisions of this
Amendment 1290 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 1291 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 1292 #
Proposal for a regulation Article 41 – paragraph 4 a (new) 4 a. The border procedure may not applied to unaccompanied minors.
Amendment 1293 #
Proposal for a regulation Article 41 – paragraph 4 a (new) 4 a. The border procedure shall not apply to minors.
Amendment 1294 #
Proposal for a regulation Article 41 – paragraph 5 Amendment 1295 #
Proposal for a regulation Article 41 – paragraph 5 Amendment 1296 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 Amendment 1297 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – introductory part The border procedure
Amendment 1298 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – introductory part The border procedure
Amendment 1299 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – introductory part Amendment 1300 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – introductory part The border procedure may be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive)
Amendment 1301 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point a Amendment 1302 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point a Amendment 1303 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point a (a) the applicant comes from a third country which is not a Member State that is considered
Amendment 1304 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point b Amendment 1305 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point b Amendment 1306 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point c Amendment 1307 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point c Amendment 1308 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point c (c) the
Amendment 1309 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point d Amendment 1310 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point d Amendment 1311 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 1 – point d (d) the applicant has misled the authorities by presenting false information or documents
Amendment 1312 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 2 Amendment 1313 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 2 Amendment 1314 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 2 Amendment 1315 #
Proposal for a regulation Article 41 – paragraph 5 – subparagraph 2 Point (d) shall only be applied where there are serious grounds for considering that the applicant is attempting to conceal relevant
Amendment 1316 #
Proposal for a regulation Article 42 – paragraph 1 1. After a previous application had been rejected by means of a final decision, any further application made by the same applicant in
Amendment 1317 #
Proposal for a regulation Article 42 – paragraph 1 1. After a previous application had been rejected by means of a final decision, any second or further application made by the same applicant in any Member State shall be considered to be a subsequent application by the Member State responsible.
Amendment 1318 #
Proposal for a regulation Article 42 – paragraph 1 1. After a previous application ha
Amendment 1319 #
Proposal for a regulation Article 42 – paragraph 1 1. After a previous application had been rejected by means of a final decision, any further application made by the same applicant in any Member State shall be
Amendment 1320 #
Proposal for a regulation Article 42 – paragraph 2 Amendment 1321 #
Proposal for a regulation Article 42 – paragraph 2 2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant
Amendment 1322 #
Proposal for a regulation Article 42 – paragraph 2 2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant
Amendment 1323 #
Proposal for a regulation Article 42 – paragraph 3 Amendment 1324 #
Proposal for a regulation Article 42 – paragraph 3 3. The preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in Chapter II. The personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success. The written submissions may be dispensed with if the subsequent application is made shortly before the removal or flight, and there are indications that it is made merely to delay or frustrate the enforcement of a decision for removal. In those cases, the applicant shall be interviewed to assess if there are any new relevant elements or findings.
Amendment 1325 #
Proposal for a regulation Article 42 – paragraph 3 3. The preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in Chapter II
Amendment 1326 #
Proposal for a regulation Article 42 – paragraph 3 3.
Amendment 1327 #
Proposal for a regulation Article 42 – paragraph 4 – point a (a) relevant new elements or findings
Amendment 1328 #
Proposal for a regulation Article 42 – paragraph 4 – point b Amendment 1329 #
Proposal for a regulation Article 42 – paragraph 4 – point b (b) the applicant was unable, through no fault on his or her own part, to present those elements or findings during the procedure in the context of the earlier application
Amendment 1330 #
Proposal for a regulation Article 42 – paragraph 5 Amendment 1331 #
Proposal for a regulation Article 42 – paragraph 5 5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible
Amendment 1332 #
Proposal for a regulation Article 42 – paragraph 5 5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible
Amendment 1333 #
Proposal for a regulation Article 42 – paragraph 5 5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible
Amendment 1334 #
Proposal for a regulation Article 43 Amendment 1335 #
Proposal for a regulation Article 43 Amendment 1336 #
Proposal for a regulation Article 43 – paragraph 1 – introductory part Without prejudice to the principle of non- refoulement, Member States may provide an exception from the right to remain on their territory and derogate from Article 54(1), where a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible:
Amendment 1337 #
Proposal for a regulation Article 43 – paragraph 1 – introductory part Without prejudice to the principle of non- refoulement, Member States
Amendment 1338 #
Proposal for a regulation Article 43 – paragraph 1 – introductory part Amendment 1339 #
Proposal for a regulation Article 43 – paragraph 1 – point a Amendment 1340 #
Proposal for a regulation Article 43 – paragraph 1 – point a Amendment 1341 #
Proposal for a regulation Article 43 – paragraph 1 – point a (a) a subsequent application has been rejected by the determining authority as inadmissible
Amendment 1342 #
Proposal for a regulation Article 43 – paragraph 1 – point a a (new) (a a) a subsequent application has been lodged, which is not further examined pursuant to Article 42, merely in order to delay or frustrate the enforcement of a decision which would result in his or her imminent removal from that Member State;
Amendment 1343 #
Proposal for a regulation Article 43 – paragraph 1 – point b Amendment 1344 #
Proposal for a regulation Article 43 – paragraph 1 – point b Amendment 1345 #
Proposal for a regulation Article 43 – paragraph 1 – point b (b) a second or further subsequent application is made in
Amendment 1346 #
Proposal for a regulation Article 43 – paragraph 1 – point b (b) a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible
Amendment 1347 #
Proposal for a regulation Article 43 – paragraph 1 – point b a (new) (b a) the person filing the subsequent application poses risk to the internal security or public order of the Member State.
Amendment 1350 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. A third country
Amendment 1351 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. A third country
Amendment 1352 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. A third country
Amendment 1353 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. A third country shall be considered
Amendment 1354 #
Proposal for a regulation Article 44 – paragraph 1 – point a Amendment 1355 #
Proposal for a regulation Article 44 – paragraph 1 – point a (a) the applicant has
Amendment 1356 #
Proposal for a regulation Article 44 – paragraph 1 – point a (a) the applicant has
Amendment 1357 #
Proposal for a regulation Article 44 – paragraph 1 – point b Amendment 1358 #
Proposal for a regulation Article 44 – paragraph 1 – point b Amendment 1359 #
Proposal for a regulation Article 44 – paragraph 1 – point b (b) the applicant otherwise has enjoyed
Amendment 1360 #
Proposal for a regulation Article 44 – paragraph 2 Amendment 1361 #
Proposal for a regulation Article 44 – paragraph 2 – introductory part 2. The determining authority
Amendment 1362 #
Proposal for a regulation Article 44 – paragraph 2 – point a (a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion and that there is no deprivation of liberty without due process;
Amendment 1363 #
Proposal for a regulation Article 44 – paragraph 2 – point c a (new) (c a) there is no real risk that the applicant would be transferred by the third state to another state in which he or she would not receive effective protection, or would be at risk of being transferred from there to any other state, where such protection would not be available;
Amendment 1364 #
Proposal for a regulation Article 44 – paragraph 2 – point c a (new) (c a) there is no risk that the applicant would be sent by the third country to another third country in which he or she would not receive effective protection;
Amendment 1365 #
Proposal for a regulation Article 44 – paragraph 2 – point e Amendment 1366 #
Proposal for a regulation Article 44 – paragraph 2 – point e a (new) (e a) fundamental rights are respected in accordance with applicable international standards, including that there is no real risk to the life of the applicant and no real risk that the applicant would be deprived of his/her liberty without due process;
Amendment 1367 #
Proposal for a regulation Article 44 – paragraph 2 – point f Amendment 1368 #
Proposal for a regulation Article 44 – paragraph 2 – point f (f) there is appropriate access to the labour market, reception facilities, healthcare and education;
Amendment 1369 #
Proposal for a regulation Article 44 – paragraph 2 – point f a (new) (f a) the applicant has access to means of subsistence sufficient to maintain an adequate standard of living, and steps are undertaken by the third state to enable the progressive achievement of self-reliance, pending the realisation of durable solutions;
Amendment 1370 #
Proposal for a regulation Article 44 – paragraph 2 – point f a (new) (f a) there is access to means of subsistence sufficient to maintain an adequate standard of living;
Amendment 1371 #
Proposal for a regulation Article 44 – paragraph 2 – point f b (new) Amendment 1372 #
Proposal for a regulation Article 44 – paragraph 2 – point f b (new) (f b) the third country takes account of any special vulnerabilities of the applicant and maintains the privacy interests of the applicant;
Amendment 1373 #
Proposal for a regulation Article 44 – paragraph 2 – point f c (new) (f c) effective protection remains available until a durable solution can be found;
Amendment 1374 #
Proposal for a regulation Article 44 – paragraph 2 – point g Amendment 1375 #
Proposal for a regulation Article 44 – paragraph 2 – point g (g) there is a right to family reunification in accordance with international human rights standards
Amendment 1376 #
Proposal for a regulation Article 44 – paragraph 2 – point g a (new) (g a) the third country has acceded to international refugee instruments and basic human rights instruments and complies with their standards in practice.
Amendment 1377 #
Proposal for a regulation Article 44 – paragraph 2 a (new) 2 a. Decisions considering that the conditions set out in paragraph 1 of this Article are met should be regularly reviewed by independent organisations.
Amendment 1378 #
Proposal for a regulation Article 44 – paragraph 3 Amendment 1379 #
Proposal for a regulation Article 44 – paragraph 3 3. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(a), the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances
Amendment 1380 #
Proposal for a regulation Article 44 – paragraph 3 3. Before his or her application can be rejected as
Amendment 1381 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 1382 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 1383 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 1384 #
Proposal for a regulation Article 44 – paragraph 4 4. As regards unaccompanied minors, the concept of first country of asylum
Amendment 1385 #
Proposal for a regulation Article 44 – paragraph 4 4.
Amendment 1386 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 1387 #
Proposal for a regulation Article 44 – paragraph 6 6. Where, despite multiple attempts, the third country in question does not admit or readmit the applicant to its territory, the determining authority
Amendment 1388 #
Proposal for a regulation Article 44 – paragraph 6 6. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority shall revoke the decision rejecting the application
Amendment 1389 #
Proposal for a regulation Article 44 – paragraph 7 7. Member States shall inform the Commission and the European Union Agency for Asylum every year of the countries to which the concept of the first country of asylum is applied and of the cases in which the third country did not admit or readmit the applicant to its territory with the motivations given to the Member State.
Amendment 1391 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part A third country
Amendment 1392 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part A third country
Amendment 1393 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part A third country
Amendment 1394 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part A third country shall be designated as a safe third country
Amendment 1395 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point b (b) there is no risk of serious harm as defined in Regulation (EU) No XXX/XXX (Qualification Regulation);
Amendment 1396 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c a (new) (c a) there is no real risk that the applicant would be transferred by the third state to another state in which he or she would not receive effective protection, or would be at risk of being transferred from there to any other state, where such protection would not be available;
Amendment 1397 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point d a (new) (d a) fundamental rights are respected in accordance with applicable international standards, including that there is no real risk to the life of the applicant and no real risk that the applicant would be deprived of his/her liberty without due process;
Amendment 1398 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point d b (new) (d b) the applicant has access to means of subsistence sufficient to maintain an adequate standard of living, and steps are undertaken by the third state to enable the progressive achievement of self-reliance, pending the realisation of durable solutions;
Amendment 1399 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point d c (new) (d c) the third country takes account of any special vulnerabilities of the applicant and maintains the privacy interests of the applicant;
Amendment 1400 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists to re
Amendment 1401 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists to re
Amendment 1402 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists to receive protection in accordance with the
Amendment 1403 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists
Amendment 1404 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point e (e) the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2)(a-d), as appropriate.
Amendment 1405 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant international organisations, and national or international non-governmental organisations.
Amendment 1406 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service
Amendment 1407 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on the individual circumstances of the applicant and on a on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High
Amendment 1408 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 a (new) The designation of third country as a safe third country, shall not exclude the possibility of indicating particular groups, based on gender, race, religion, nationality, sexual orientation, membership of a particular social group or political opinion for which that particular third country shall not be considered safe.
Amendment 1409 #
Proposal for a regulation Article 45 – paragraph 2 Amendment 1410 #
Proposal for a regulation Article 45 – paragraph 2 – introductory part 2. The concept of safe third country shall be applied
Amendment 1411 #
Proposal for a regulation Article 45 – paragraph 2 – introductory part 2. The concept of safe third country shall only be applied
Amendment 1412 #
Proposal for a regulation Article 45 – paragraph 2 – introductory part 2.
Amendment 1413 #
Proposal for a regulation Article 45 – paragraph 2 – point a Amendment 1414 #
Proposal for a regulation Article 45 – paragraph 2 – point a Amendment 1415 #
Proposal for a regulation Article 45 – paragraph 2 – point b Amendment 1416 #
Proposal for a regulation Article 45 – paragraph 2 – point b Amendment 1417 #
Proposal for a regulation Article 45 – paragraph 2 – point c Amendment 1418 #
Proposal for a regulation Article 45 – paragraph 2 – point c Amendment 1419 #
Proposal for a regulation Article 45 – paragraph 3 – introductory part 3. The determining authority
Amendment 1420 #
Proposal for a regulation Article 45 – paragraph 3 – introductory part 3. The determining authority
Amendment 1421 #
Proposal for a regulation Article 45 – paragraph 3 – introductory part 3. The determining authority
Amendment 1422 #
Proposal for a regulation Article 45 – paragraph 3 – point a (a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country
Amendment 1423 #
Proposal for a regulation Article 45 – paragraph 3 – point a (a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country
Amendment 1424 #
Proposal for a regulation Article 45 – paragraph 3 – point a (a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that
Amendment 1425 #
Proposal for a regulation Article 45 – paragraph 3 – point b (b) the applicant has not submitted
Amendment 1426 #
Proposal for a regulation Article 45 – paragraph 4 Amendment 1427 #
Proposal for a regulation Article 45 – paragraph 4 4. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(b), an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances
Amendment 1428 #
Proposal for a regulation Article 45 – paragraph 4 4. Before his or her application can be rejected as
Amendment 1429 #
Proposal for a regulation Article 45 – paragraph 5 5.
Amendment 1430 #
Proposal for a regulation Article 45 – paragraph 5 5.
Amendment 1431 #
Proposal for a regulation Article 45 – paragraph 5 5.
Amendment 1432 #
Proposal for a regulation Article 45 – paragraph 5 5. As regards unaccompanied minors, the concept of safe third country may only be applied taking into consideration his or her best interests and where the authorities of the Member States have
Amendment 1433 #
Proposal for a regulation Article 45 – paragraph 5 5.
Amendment 1434 #
(b) provide him or her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance
Amendment 1435 #
Proposal for a regulation Article 45 – paragraph 7 7. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority
Amendment 1436 #
Proposal for a regulation Article 46 Amendment 1437 #
Proposal for a regulation Article 46 Amendment 1438 #
Proposal for a regulation Article 46 Amendment 1439 #
Proposal for a regulation Article 46 – paragraph 2 2. The Commission shall regularly review the situation in third countries that are or could be designated as safe third countries at Union level, with the assistance of the European Union Agency for Asylum and based on the other sources of information referred to in the second paragraph of Article 45(1).
Amendment 1440 #
Proposal for a regulation Article 46 – paragraph 3 3. The Commission shall be empowered to adopt delegated acts to designate a third country or suspend the designation of a third country as a safe third country at Union level subject to the conditions as set out in Article 49.
Amendment 1443 #
Proposal for a regulation Article 47 – paragraph 1 1. A third country may be designated as a safe country of origin in accordance with this Regulation where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is no general
Amendment 1444 #
Proposal for a regulation Article 47 – paragraph 2 2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the Union delegations in those countries, the United Nations High Commissioner for Refugees, the Council of Europe
Amendment 1445 #
Proposal for a regulation Article 47 – paragraph 2 2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service
Amendment 1446 #
Proposal for a regulation Article 47 – paragraph 2 2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant organisations, including child-focused organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).
Amendment 1447 #
Proposal for a regulation Article 47 – paragraph 2 a (new) 2 a. The designation of third country as a safe country of origin, shall not exclude the possibility of indicating particular groups, based on gender, race, religion, nationality, sexual orientation, membership of a particular social group or political opinion for which that particular third country shall not be considered safe.
Amendment 1448 #
Proposal for a regulation Article 47 – paragraph 3 – point c (c)
Amendment 1449 #
Proposal for a regulation Article 47 – paragraph 3 – point c (c) the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion
Amendment 1450 #
Proposal for a regulation Article 47 – paragraph 3 – point b b) the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality,
Amendment 1451 #
Proposal for a regulation Article 47 – paragraph 4 – point a (a) he or she has the nationality of that country or has a permanent residence status in that country; or
Amendment 1452 #
Proposal for a regulation Article 47 – paragraph 4 a (new) 4 a. Member States shall not apply the safe country of origin concept in case of applicants belonging to a minority or group of persons that remains at risk in light of the situation in the country of origin concerned, based on the sources of information listed in Paragraph 2 of this Article.
Amendment 1453 #
Proposal for a regulation Article 48 Amendment 1454 #
Proposal for a regulation Article 48 Amendment 1455 #
Proposal for a regulation Article 48 – paragraph 1 a (new) 1a. The Commission shall regularly examine the situation in third countries and the possibility of proposing to add them to the EU common list of safe countries of origin. If appropriate, the Commission shall draw up a proposal to enlarge the common EU list of safe countries of origin after a substantiated assessment of whether countries to be added to the list fulfil the criteria set in Article 47 of this Regulation.
Amendment 1456 #
Proposal for a regulation Article 48 – paragraph 1 b (new) 1b. The Member States may propose to add third countries to the common list of safe countries of origin to Annex 1 to this Regulation. The Commission shall then examine these proposals within six months in the light of a set of information sources at its disposal and, when appropriate, it shall make a proposal for the amendment of Annex 1 to this Regulation.
Amendment 1457 #
Proposal for a regulation Article 48 – paragraph 2 2. The Commission shall
Amendment 1458 #
Proposal for a regulation Article 48 – paragraph 2 2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin and the prospective new such countries, with the assistance of the Union Agency for Asylum and based on the other sources of information referred to in Article 45(2).
Amendment 1459 #
Proposal for a regulation Article 48 – paragraph 2 a (new) 2 a. The Commission shall consult the Union Agency for Asylum when conducting its regular reviews of the situation in third countries which are included in the common EU list of safe countries of origin, including those that have been suspended. The Commission may request that the Union Agency for Asylum carry out a review of the situation in any such third country with a view to assessing whether the criteria set out in Article 47. When reviewing the EU common list of safe countries of origin, the Commission shall consult international organisations, in particular the UNHCR, and relevant civil society organisations or individuals with proven country-specific and human rights expertise.
Amendment 1460 #
Proposal for a regulation Article 48 – paragraph 4 Amendment 1461 #
Proposal for a regulation Article 48 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts to introduce a third country to and suspend the presence of a third country from the EU common list of safe countries of origin subject to the conditions as set out in Article 49.
Amendment 1462 #
Proposal for a regulation Article 49 Amendment 1463 #
Proposal for a regulation Article 49 – title Suspension
Amendment 1464 #
Proposal for a regulation Article 49 – paragraph -1 (new) -1. The Commission shall be empowered to adopt delegated acts to suspend the presence of a third country from the EU common list of safe countries of origin subject to the conditions as set out in this article.
Amendment 1465 #
Proposal for a regulation Article 49 – paragraph 1 1. I
Amendment 1466 #
Proposal for a regulation Article 49 – paragraph 1 1. In case of sudden changes in the situation of a third country which is
Amendment 1467 #
Proposal for a regulation Article 49 – paragraph 1 1. In case of sudden changes in the situation of a third country which is designated as a safe third country at Union level or which is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Article 45 or Article 47 and, if the Commission considers that those conditions are no longer met, it shall adopt a delegated act suspending the designation of a third country as a safe third country at Union level or suspending the presence of a third country from the EU common list of safe countries of origin for a period of
Amendment 1468 #
Proposal for a regulation Article 49 – paragraph 2 a (new) Amendment 1469 #
Proposal for a regulation Article 49 – paragraph 2 b (new) 2 b. UNHCR, non-governmental organisations and individual experts with proven and relevant country-specific and human rights expertise may request the Commission to suspend or remove a country from the EU common list of safe countries of origin. Such a request shall contain a detailed and up-to-date description of the human rights situation and the persistent human rights violations occurring in the country concerned. It shall also specify the non-compliance with the criteria laid down in Article 47 justifying the suspension or withdrawal of that country from the EU common list of safe countries of origin. Except where it considers the request to be inadmissible, unsubstantiated or repetitive, the Commission shall assess the information submitted in such requests.
Amendment 1470 #
Proposal for a regulation Article 49 – paragraph 3 Amendment 1471 #
Proposal for a regulation Article 49 – paragraph 3 3. Where the Commission has adopted a delegated act in accordance with paragraph 1 suspending the designation of a third country as a safe third country at Union level or suspending the presence of a third country from the EU common list of safe countries of origin, it shall within three months after the date of adoption of that delegated act submit a proposal, in
Amendment 1472 #
Proposal for a regulation Article 49 – paragraph 4 Amendment 1473 #
Proposal for a regulation Article 49 – paragraph 4 Amendment 1474 #
Proposal for a regulation Article 49 – paragraph 4 4.
Amendment 1475 #
Proposal for a regulation Article 49 a (new) Article 49 a Removal of a third country from the EU common list of safe countries of origin 1. Where the Commission has adopted a delegated act in accordance with Article 49, paragraph 1, suspending the designation of a third country as a safe country of origin, it shall within six months after the date of adoption of that delegated act submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country from the EU common list of safe countries of origin. 2 . Where such a legislative proposal is submitted by the Commission within six months, the Commission shall be empowered, on the basis of a substantial assessment, to extend the validity of that delegated act for a period of six months, with a possibility to renew this extension once. 3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure. For that purpose: The Commission shall regularly examine the situation in third countries and the possibility of proposing to add them to the EU common list of safe countries of origin. If appropriate, the Commission shall draw up a proposal to enlarge the common list of safe countries of origin after a substantiated assessment of whether countries to be added to the list fulfil the criteria set out in Article 47. Assessments of whether a country is a safe country of origin conducted in accordance with this Article shall be based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, the Union Agency for Asylum, the UNHCR, the Council of Europe, and other relevant international organisations, and national or international non-governmental organisations.
Amendment 1476 #
Proposal for a regulation Article 50 Amendment 1477 #
Proposal for a regulation Article 50 Amendment 1478 #
Proposal for a regulation Article 50 – paragraph 1 1. For a period of
Amendment 1479 #
Proposal for a regulation Article 50 – paragraph 1 1.
Amendment 1480 #
Proposal for a regulation Article 50 – paragraph 1 1.
Amendment 1481 #
Proposal for a regulation Article 50 – paragraph 1 – point a (new) (a) Member States shall notify the Commission of any changes made to their national list.
Amendment 1482 #
Proposal for a regulation Article 50 – paragraph 1 – point b (new) (b) Member States may propose to add third countries to the EU common list of safe countries of origin. The Commission shall then examine those proposals within six months of their submission, based on the range of information sources at its disposal, in particular EEAS reports and information provided by Member States, the Union Agency for Asylum, the UNHCR, the Council of Europe and other relevant international organisations and national or international non- governmental organisations. If it decides that a third country may be added to the list, the Commission shall draw up a proposal to enlarge the EU common list of safe countries of origin.
Amendment 1483 #
Proposal for a regulation Article 50 – paragraph 1 – point c (new) (c) Where a third country has been suspended from the EU common list of safe countries of origin pursuant to Article 49(1) of this Regulation, Member States shall not designate that country as a safe country of origin at the national level.
Amendment 1484 #
Proposal for a regulation Article 50 – paragraph 1 – point d (new) (d) Where a third country has been removed from the EU common list of safe countries of origin pursuant to Article 49a, a Member State may notify the Commission where it considers that, following changes in the situation of that third country, it once again fulfils the criteria set out in Annex I to this Directive for being included in the EU common list of safe countries of origin. The Commission shall examine any such notification by a Member State and if appropriate, submit a proposal to the European Parliament and to the Council to amend the EU common list of safe countries of origin accordingly. If the Commission decides not to submit such a proposal, Member States shall not designate that country as a safe country of origin at national level.
Amendment 1485 #
Proposal for a regulation Article 50 – paragraph 1 a (new) 1 a. Member States shall notify the Commission and the European Union Agency for Asylum of the third countries that are designated as safe third countries or safe countries of origin at national level immediately after such designation. Member States shall inform the Commission and the Agency once a year of the other safe third countries to which the concept is applied on an ad hoc basis in relation to specific applicants.
Amendment 1486 #
Proposal for a regulation Article 50 – paragraph 2 Amendment 1487 #
Proposal for a regulation Article 50 – paragraph 2 Amendment 1488 #
Proposal for a regulation Article 50 – paragraph 2 2. Where a third country is suspended from being designated as a safe third country at Union level or the presence of a third country has been suspended from the EU common list in Annex 1 to this Regulation pursuant to Article 49(1), Member States shall not, without reasonable grounds, designate that country as a safe third country or a safe third country of origin at national level nor shall they apply the safe third country concept on an ad hoc basis in relation to a specific applicant.
Amendment 1489 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 1 Amendment 1490 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 1 Amendment 1491 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 1 Where a third country is no longer designated as a safe third country at Union level or a third country has been removed from the EU common list in Annexe I to the Regulation in accordance with the ordinary legislative procedure, a Member State
Amendment 1492 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 2 Amendment 1493 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 2 Amendment 1494 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 2 Amendment 1495 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 3 Amendment 1496 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 3 Amendment 1497 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 3 Amendment 1498 #
Proposal for a regulation Article 50 – paragraph 3 – subparagraph 3 Amendment 1499 #
Proposal for a regulation Article 50 – paragraph 4 Amendment 1500 #
Proposal for a regulation Article 50 – paragraph 4 Amendment 1501 #
Proposal for a regulation Article 50 – paragraph 4 a (new) 4 a. As from three years after the entry into force of this Regulation, only a third country that is on the EU common list of safe countries of origin as established, by this Regulation shall be considered to be a safe country of origin.
Amendment 1502 #
Proposal for a regulation Article 51 Amendment 1503 #
Proposal for a regulation Article 51 Amendment 1504 #
Proposal for a regulation Article 51 – paragraph 1 The determining authority
Amendment 1505 #
Proposal for a regulation Article 51 – paragraph 1 The determining authority shall start the examination to withdraw international protection from a particular person without undue delay when new elements or findings arise indicating that there are reasons to reconsider the validity of his or her international protection, and in particular in those instances referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 1507 #
Proposal for a regulation Article 52 – paragraph 1 – introductory part 1. Where the competent authority is considering withdrawing international protection from a third-country national or stateless person,
Amendment 1508 #
Proposal for a regulation Article 52 – paragraph 1 – introductory part 1. Where the competent authority is considering withdrawing international protection from a third-country national or stateless person,
Amendment 1509 #
Proposal for a regulation Article 52 – paragraph 2 – point a (a) the competent authority is able to obtain precise and up-to-date information from
Amendment 1510 #
Proposal for a regulation Article 52 – paragraph 3 3. The decision of the competent authority to withdraw international protection shall be given in writing without undue delay and in any case no later than seven days after the decision has been taken. The reasons in fact and in law shall be stated in the decision
Amendment 1511 #
Proposal for a regulation Article 52 – paragraph 3 3. The decision of the competent authority to withdraw international protection shall be made within two months from the initiation of the procedure and shall be given in writing. The reasons in fact and in law shall be stated in the decision and information on the manner
Amendment 1512 #
Proposal for a regulation Article 53 – paragraph 1 – point a – point i Amendment 1513 #
Proposal for a regulation Article 53 – paragraph 1 – point a – point iii (iii) rejecting an application as explicitly withdrawn or
Amendment 1514 #
Proposal for a regulation Article 53 – paragraph 1 – point b a (new) (b a) a decision establishing that they are over 18 years of age.
Amendment 1515 #
Proposal for a regulation Article 53 – paragraph 2 Amendment 1516 #
Proposal for a regulation Article 53 – paragraph 2 a (new) 2 a. In the case of applicants who claim to be unaccompanied minors, a decision taken determining their age referred to in Article 24.
Amendment 1517 #
Proposal for a regulation Article 53 – paragraph 3 Amendment 1518 #
Proposal for a regulation Article 53 – paragraph 3 – subparagraph 2 Amendment 1519 #
Proposal for a regulation Article 53 – paragraph 3 – subparagraph 2 The applicant may
Amendment 1520 #
Proposal for a regulation Article 53 – paragraph 3 – subparagraph 2 The applicant may only bring forward new elements which are relevant for the examination of his or her application
Amendment 1521 #
Proposal for a regulation Article 53 – paragraph 3 a (new) 3 a. The applicant shall have a right to an oral hearing before a first level appeal court or tribunal.
Amendment 1522 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – introductory part Applicants shall lodge appeals against any decision referred to in paragraph 1
Amendment 1523 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – introductory part Applicants
Amendment 1524 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point a Amendment 1525 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point a (a) within
Amendment 1526 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point a (a) within
Amendment 1527 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point a (a) within
Amendment 1528 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b Amendment 1529 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b Amendment 1530 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b (b) within
Amendment 1531 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b b) within
Amendment 1532 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b (b) within
Amendment 1533 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point b (b) within two weeks in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned, or in the case of a decision rejecting an application as unfounded or manifestly unfounded in relation to refugee
Amendment 1534 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c Amendment 1535 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c Amendment 1536 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c c) within one
Amendment 1537 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c (c) within
Amendment 1538 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c (c) within
Amendment 1539 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 1 – point c (c) within one month in the case of a decision rejecting an application as unfounded in relation to the refugee
Amendment 1540 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 2 Amendment 1541 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 2 For the purposes of point (
Amendment 1542 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 3 The time-limit
Amendment 1543 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 3 The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or
Amendment 1544 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 3 The time-limit
Amendment 1545 #
Proposal for a regulation Article 53 – paragraph 6 – subparagraph 3 The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed
Amendment 1546 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 1547 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 1548 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 1549 #
Proposal for a regulation Article 54 – paragraph 2 – introductory part 2.
Amendment 1550 #
Proposal for a regulation Article 54 – paragraph 2 – point a Amendment 1551 #
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a), (b) and (c);
Amendment 1552 #
Proposal for a regulation Article 54 – paragraph 2 – point b (b) a decision which rejects an application as inadmissible pursuant to Article 36(1)
Amendment 1553 #
Proposal for a regulation Article 54 – paragraph 2 – point c (c) a decision which rejects an application as explicitly withdrawn
Amendment 1554 #
Proposal for a regulation Article 54 – paragraph 2 – point c a (new) (c a) (D) an administrative or a judicial decision which discloses that the appealer's residence on the territory of the Member State endangers the internal security or public order.
Amendment 1555 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 1556 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 1557 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 1558 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 1559 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 1560 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 1561 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 1562 #
Proposal for a regulation Article 54 – paragraph 5 Amendment 1563 #
Proposal for a regulation Article 54 – paragraph 5 Amendment 1564 #
Proposal for a regulation Article 54 – paragraph 5 Amendment 1565 #
Proposal for a regulation Article 54 – paragraph 5 5. An applicant who lodges a further appeal against a first or subsequent appeal decision shall not have a right to remain on the territory of the Member State
Amendment 1566 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. Without prejudice to an adequate and complete examination of an appeal, the courts or tribunals shall decide on the first level of appeal within
Amendment 1567 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a) within
Amendment 1568 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a) within six months in the case of a decision rejecting the application as unfounded in relation to refugee
Amendment 1569 #
Proposal for a regulation Article 55 – paragraph 1 – point a (a)
Amendment 1570 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b) within two months in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned or as
Amendment 1571 #
Proposal for a regulation Article 55 – paragraph 1 – point b (b)
Amendment 1572 #
Proposal for a regulation Article 55 – paragraph 1 – point c (c)
Amendment 1573 #
Proposal for a regulation Article 55 – paragraph 2 2. In cases involving complex issues of fact or law, the time-limits set out in paragraph 1 may be prolonged by an additional t
Amendment 1574 #
Proposal for a regulation Article 55 – paragraph 2 2. In cases involving complex issues of fact or law, the time-limits set out in paragraph 1 may be prolonged
Amendment 1575 #
Proposal for a regulation Article 56 – paragraph 1 This
Amendment 1576 #
Proposal for a regulation Article 56 – paragraph 1 This
Amendment 1577 #
Proposal for a regulation Article 57 – paragraph 2 2. Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the responsible authorities as well as between the responsible authorities and the European Union Agency for Asylum.
Amendment 1578 #
Proposal for a regulation Article 59 – paragraph 2 2. The power to adopt delegated acts referred to in paragraph 1 shall be conferred on the Commission for a period of five years from the date of entry into force of this
Amendment 1579 #
Proposal for a regulation Article 59 – paragraph 5 5. Such a delegated act and its extensions shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
Amendment 1580 #
Proposal for a regulation Article 60 – paragraph 1 By [two years from entry into force of this
Amendment 1581 #
Proposal for a regulation Article 60 – paragraph 1 By [
Amendment 1582 #
Proposal for a regulation Article 60 – paragraph 1 a (new) The European Parliament, the Fundamental Rights Agency, and the European Ombudswoman shall write reports in the same time frame evaluating the system and the situation of fundamental rights under it.
Amendment 1583 #
Proposal for a regulation Article 60 – paragraph 2 Member States shall, at the request of the Commission, send it the necessary information for drawing up its report not later than nine months before that time- limit expires. As part of its report, the Commission shall report on the methodology it has used to assess the situation in third countries included in the EU common list of safe third countries, or the potential inclusion or suspension of such countries from the list. It shall also report on the implementation of procedural safeguards for those seeking international protection originating from a country on the EU common list of safe countries of origin.
Amendment 1584 #
Proposal for a regulation Article 60 – paragraph 2 – subparagraph 1 (new) Member States shall regularly report to the Commission in relation to the implementation and application of Section III of this Regulation.
Amendment 1585 #
Proposal for a regulation Article 60 a (new) Amendment 1586 #
Proposal for a regulation Article 61 – paragraph 1 Directive 2013/32/EU is repealed for the Member States bound by this Directive, without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of the Directive.
Amendment 1587 #
Proposal for a regulation Article 61 – paragraph 2 References to the repealed Directive shall be construed as references to this
Amendment 1588 #
Proposal for a regulation Article 62 – paragraph 1 This
Amendment 1589 #
Proposal for a regulation Article 62 – paragraph 1 This
Amendment 1590 #
Proposal for a regulation Article 62 – paragraph 2 Amendment 1591 #
Proposal for a regulation Article 62 – paragraph 2 This
Amendment 1592 #
Proposal for a regulation Article 62 – paragraph 3 Amendment 1593 #
Proposal for a regulation Article 62 – paragraph 3 This
Amendment 1594 #
Proposal for a regulation Annex I Amendment 189 #
Proposal for a regulation – The European Parliament rejects [the Commission proposal].
Amendment 190 #
Draft legislative resolution Paragraph 1 1.
Amendment 191 #
Proposal for a regulation Title 1 Proposal for a
Amendment 192 #
Proposal for a regulation Title 1 Proposal for a
Amendment 193 #
Proposal for a regulation Recital 1 (1) The objective of this
Amendment 194 #
Proposal for a regulation Recital 1 (1) The objective of this
Amendment 195 #
Proposal for a regulation Recital 2 (2) A common policy on asylum
Amendment 196 #
Proposal for a regulation Recital 2 (2) A common policy on asylum, including a Common European Asylum System which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of
Amendment 197 #
Proposal for a regulation Recital 3 (3) The Common European Asylum System is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive
Amendment 198 #
Proposal for a regulation Recital 3 (3) The Common European Asylum System is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the Common European Asylum System, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants and beneficiaries of international protection. These divergences
Amendment 199 #
Proposal for a regulation Recital 4 Amendment 200 #
Proposal for a regulation Recital 5 (5) For a well-functioning Common European Asylum System, substantial progress should be made regarding the convergence of national asylum systems. The current disparate asylum procedures in all Member States should be replaced with a common procedure for granting and withdrawing international protection applicable across all Member States pursuant to Regulation (EU) No XXX/XXX of the European Parliament and of the Council (Qualification Regulation)25 ensuring the timeliness and effectiveness of the procedure. Applications made by the third-country nationals
Amendment 201 #
Proposal for a regulation Recital 6 Amendment 202 #
Proposal for a regulation Recital 6 (6) A common procedure for granting and withdrawing international protection should limit the secondary movements of applicants for international protection between Member States, where such movements would be caused by differences in legal frameworks, by
Amendment 203 #
Proposal for a regulation Recital 6 (6) A common procedure for granting and withdrawing international protection should
Amendment 204 #
Proposal for a regulation Recital 7 (7) This Regulation should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States, and the withdrawal of international protection.
Amendment 205 #
Proposal for a regulation Recital 7 (7) This Regulation should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States, and the withdrawal of international protection.
Amendment 206 #
Proposal for a regulation Recital 7 (7) This
Amendment 207 #
Proposal for a regulation Recital 7 (7) This Regulation should only apply to
Amendment 208 #
Proposal for a regulation Recital 7 (7) This
Amendment 209 #
Proposal for a regulation Recital 8 (8) This Regulation should apply to applications for international protection in a procedure where it is examined whether the applicants qualify as beneficiaries of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 210 #
Proposal for a regulation Recital 8 (8) This
Amendment 211 #
Proposal for a regulation Recital 8 (8) This
Amendment 212 #
Proposal for a regulation Recital 8 (8) This Regulation should apply to applications for international protection in a procedure where it is examined whether the applicants qualify as beneficiaries of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). In addition to the international protection, the Member States may also grant under their national law other national humanitarian statuses to those who do not qualify for the refugee
Amendment 213 #
Proposal for a regulation Recital 9 (9) With respect to the treatment of persons falling within the scope of this
Amendment 214 #
Proposal for a regulation Recital 9 (9) With respect to the treatment of persons falling within the scope of this
Amendment 215 #
Proposal for a regulation Recital 10 Amendment 216 #
Proposal for a regulation Recital 10 (10) The resources of the Asylum, Migration and Integration Fund should be mobilised to provide adequate support to Member States' efforts in applying this Regulation, in particular to those Member States which are faced with specific and disproportionate pressures on their asylum and reception systems. Adequate funding shall be made available to local and regional authorities and international and civil society organisations, including through the possibility for local and regional authorities to directly access the Asylum Migration and Integration Fund (AMIF).
Amendment 217 #
Proposal for a regulation Recital 10 (10) The resources of the Asylum, Migration and Integration Fund should be mobilised to provide adequate support to Member States' efforts in applying this
Amendment 218 #
Proposal for a regulation Recital 10 (10) The resources of the Asylum, Migration and Integration Fund should be mobilised to provide adequate support to Member States' efforts in applying this
Amendment 219 #
Proposal for a regulation Recital 11 (11) The European Union Agency for Asylum should provide Member State with the necessary operational and technical assistance in the application of this
Amendment 220 #
Proposal for a regulation Recital 11 (11) The European Union Agency for Asylum should provide Member State with the necessary operational and technical assistance in the application of this Regulation, in particular by providing experts to assist national authorities to receive, register, and examine applications for international protection and by providing updated
Amendment 221 #
Proposal for a regulation Recital 11 (11) The European Union Agency for Asylum should provide Member State with the necessary operational and technical assistance in the application of this
Amendment 222 #
Proposal for a regulation Recital 11 (11) The European Union Agency for Asylum should provide Member State with
Amendment 223 #
Proposal for a regulation Recital 12 (12) In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to the procedure, the opportunity to cooperate and properly communicate with the responsible authorities so as to present the relevant facts of his or her case and sufficient procedural guarantees and access to free legal assistance to pursue his or her case throughout all stages of the procedure.
Amendment 224 #
Proposal for a regulation Recital 12 (12) In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention
Amendment 225 #
Proposal for a regulation Recital 12 (12) In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to the procedure, the o
Amendment 226 #
Proposal for a regulation Recital 13 (13) The applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview
Amendment 227 #
Proposal for a regulation Recital 13 (13) The applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application, as appropriate. For the right to a personal interview to be effective, the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner. The applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor, and he or she may be assisted by the legal adviser or counsellor during the interview. The personal interview should be conducted under conditions which ensure appropriate confidentiality
Amendment 228 #
Proposal for a regulation Recital 13 (13) The applicant should be provided with an effective opportunity to present all
Amendment 229 #
Proposal for a regulation Recital 13 (13) The applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application, as appropriate. For the right to a personal interview to be effective, the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner. The applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor, and he or she may be assisted by the legal adviser or counsellor during the interview. The personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel, including where necessary, personnel from authorities of other Member States or experts deployed by the European Union Agency for Asylum. The personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control or when the application is clearly inadmissible. Given that the personal interview is an essential part of the examination of the application, the interview should be recorded and the applicants and their legal advisers should be given access to the recording, as well as to the report or transcript of the interview before the determining authority takes a decision, or
Amendment 230 #
Proposal for a regulation Recital 13 (13)
Amendment 231 #
Proposal for a regulation Recital 13 (13) The applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on
Amendment 232 #
Proposal for a regulation Recital 14 (14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support
Amendment 233 #
Proposal for a regulation Recital 14 (14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision-making. For that purpose,
Amendment 234 #
Proposal for a regulation Recital 14 (14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information
Amendment 235 #
Proposal for a regulation Recital 14 (14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision-making. For that purpose, access to legal assistance and representation should be an integral part of the common procedure for international protection. In order to ensure the effective protection of the applicant's rights, particularly the right of defence and the principle of fairness, and to ensure the economy of the procedure, applicants should
Amendment 236 #
Proposal for a regulation Recital 14 (14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision-making. For that purpose, access to legal assistance and representation should be an integral part of the common procedure for international protection. In order to ensure the effective protection of the applicant's rights, particularly the right of defence and the principle of fairness, and to ensure the economy of the procedure, applicants should, upon their request and subject to conditions set out in this
Amendment 237 #
Proposal for a regulation Recital 15 (15) Certain applicants may be in need of special procedural guarantees due, inter alia, to their age, gender, sexual orientation, gender identity, gender expression, sex characteristics, disability, serious illness, mental disorders or as a consequence of torture, rape, trafficking, shipwreck, or other serious forms of psychological, physical, sexual or gender- based violence. It is necessary to systematically assess whether an individual applicant is in need of special procedural guarantees and identify those applicants as early as possible from the moment an application is made and before a decision is taken.
Amendment 238 #
Proposal for a regulation Recital 15 (15)
Amendment 239 #
Proposal for a regulation Recital 15 (15) Certain applicants may be in need of special procedural guarantees due, inter alia, to their age, gender,
Amendment 240 #
Proposal for a regulation Recital 15 (15) Certain applicants may be in need of speci
Amendment 241 #
Proposal for a regulation Recital 16 (16) To ensure that the identification of applicants in need of special procedural guarantees takes place as early as possible, the personnel of the authorities responsible for receiving and registering applications should
Amendment 242 #
Proposal for a regulation Recital 16 (16) To ensure that the identification of applicants in need of special procedural guarantees takes place as early as possible, NGOs must have full access to detention centres, reception centres, border posts, or any other place where potential asylum- seekers are present; and the personnel of the authorities responsible for receiving and registering applications should be adequately trained to detect signs of vulnerability signs and they should receive appropriate instructions for that purpose. Further measures dealing with identification and documentation of symptoms and signs of torture or other serious acts of physical or psychological violence, including acts of sexual violence, in procedures covered by this
Amendment 243 #
Proposal for a regulation Recital 16 (16) To ensure that the identification of applicants in need of speci
Amendment 244 #
Proposal for a regulation Recital 16 (16) To ensure that the identification of applicants in need of special procedural guarantees takes place as early as possible, the personnel of the authorities responsible for receiving and registering applications should be
Amendment 245 #
Proposal for a regulation Recital 17 (17) 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 their effective access to procedures and for presenting the elements needed to substantiate their application for international protection.
Amendment 246 #
Proposal for a regulation Recital 17 (17) 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 their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure, an applicant in need of special procedural guarantees should be exempted from those procedures.
Amendment 247 #
Proposal for a regulation Recital 17 (17) 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 their effective access to procedures and for presenting the elements needed to substantiate their application for
Amendment 248 #
Proposal for a regulation Recital 17 (17) Applicants who are identified as being in need of speci
Amendment 249 #
Proposal for a regulation Recital 18 (18) With a view to ensuring substantive equality between female and male applicants, examination procedures should be gender-sensitive. In particular, personal interviews should be organised in a way which makes it possible for both female and male applicants to speak about their past experiences in cases involving sexual orientation or gender-
Amendment 250 #
Proposal for a regulation Recital 18 (18) With a view to ensuring substantive equality between female and male applicants, examination procedures should be gender-sensitive. In particular, personal interviews should be organised in a way which makes it possible for both female and male applicants to speak about their past experiences in cases involving gender- based persecution. For this purpose,
Amendment 251 #
Proposal for a regulation Recital 18 a (new) (18a) Violence that is directed against a person because of that person's gender, gender identity or gender expression, or that affects persons of a particular gender disproportionately is understood as gender-based violence. It may result in physical, sexual, emotional or psychological harm, or economic loss, to the victim. Gender-based violence is understood to be a form of discrimination and violation of fundamental freedoms of the victim and includes violence in close relationships, sexual violence (including rape, sexual assault, and harassment), trafficking in human beings, slavery, and different forms of harmful practices, such as forced marriages, female genital mutilation and so-called 'honour-crimes'. Women victims of gender-based violence and their children often require special support and protection because of the high risk of secondary and repeat victimisation, of intimidation and retaliation connected with such violence.
Amendment 252 #
Proposal for a regulation Recital 19 (19) When,
Amendment 253 #
Proposal for a regulation Recital 19 (19) When, in the framework of an application being processed, the applicant is searched, that search should be carried in accordance with national legislation and the principle of proportionality and should be carried out by a person of the same sex. This should be without prejudice to a search carried out, for security reasons, on the basis of national law.
Amendment 254 #
Proposal for a regulation Recital 19 (19) When, in the framework of an application being processed, the applicant
Amendment 255 #
Proposal for a regulation Recital 20 (20) The best interests of the child should be a primary consideration of Member States when applying this Regulation, in accordance with Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States should in particular take due account of the minor’s well-being and social development, including his or her background. In view of Article 12 of the United Nations Convention on the Rights of the Child concerning the child's right to be heard, the determining authority shall provide a minor the opportunity of a personal interview unless this is manifestly not in the minor's best interests. Border, admissibility and accelerated procedures should never be applied to unaccompanied minors. Minors should never be detained as part of border procedures, at transit zones, external borders or at any stage during the determination of their asylum application.
Amendment 256 #
Proposal for a regulation Recital 20 (20) The best interests of the child should be a primary consideration of Member States when applying this
Amendment 257 #
Proposal for a regulation Recital 21 (21) The common procedure streamlines the time-limits for an individual to accede to the procedure, for the examination of the application by the determining authority as well as for the examination of first level appeals by judicial authorities. Whereas a disproportionate number of simultaneous applications may risk delaying access to the procedure and the examination of the applications, a measure of flexibility to
Amendment 258 #
Proposal for a regulation Recital 21 (21) The common procedure streamlines the time-limits for an individual to accede to the procedure, for the examination of the application by the determining authority as well as for the examination of first level appeals by judicial authorities. Whereas a disproportionate number of simultaneous applications may risk delaying access to
Amendment 259 #
Proposal for a regulation Recital 22 (22) Access to the common procedure should be based on a three-step approach consisting of the making, registering and lodging of an application. Making an application is the first step that triggers the
Amendment 260 #
Proposal for a regulation Recital 22 (22) Access to the common procedure should be based on a t
Amendment 261 #
Proposal for a regulation Recital 22 (22) Access to the common procedure should be based on a three-step approach consisting of the making, registering and lodging of an application. Making an application is the first step that triggers the application of this
Amendment 262 #
Proposal for a regulation Recital 22 (22) Access to the common procedure should be based on a three-step approach consisting of the making, registering and lodging of an application. Making an application is the first step that triggers the application of this Regulation. A third- country national or stateless person is considered to have made an application when expressing a wish to receive international protection from a Member State. Such a wish may be expressed in any form and the individual applicant need not necessarily use specific words such as international protection
Amendment 263 #
Proposal for a regulation Recital 22 (22) Access to the common procedure should be based on a three-step approach consisting of the making, registering and lodging of an application. Making an application is the first step that triggers the application of this
Amendment 264 #
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, in close cooperation with the national authorities. The Asylum Agency should make full use of modern information technologies when developing that material. In order to assist asylum seekers properly, the Asylum Agency should also develop audio-visual information material that can be used as a complement to written information material. 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 by smugglers. The information material developed by the Asylum Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in Europe.
Amendment 265 #
Proposal for a regulation Recital 23 (23) An application should be registered as soon as it is made. At this stage, the authorities responsible for receiving and registering applications, including border guards, police, immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant. Those authorities should inform the applicant of his or her rights and obligations, as well as the consequences for the applicant in case of non-compliance with those obligations. The applicant should be given a document
Amendment 266 #
Proposal for a regulation Recital 23 (23) An application should be registered as soon as it is made. At this stage, the
Amendment 267 #
Proposal for a regulation Recital 23 (23) An application should be registered as soon as it is made. At this stage, the authorities responsible for receiving and registering applications, including border guards, police, immigration authorities, other authorities that have been entrusted by the Member States with those tasks and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant. Those authorities should inform the applicant of his or her rights and obligations, as well as the consequences for the applicant in case of non-compliance with those obligations. The applicant should be given a document certifying that an application has been made. The time limit for lodging an
Amendment 268 #
Proposal for a regulation Recital 23 (23) An application should be registered as soon as possible after it is made. At this stage, the authorities responsible for receiving and registering applications, including border guards, police, immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant. Those authorities should inform the applicant of his or her rights and obligations, as well as the consequences for the applicant in case of non-compliance with those obligations. The applicant should be given a document certifying that an application has been made. The time limit for lodging an application starts to run from the moment an application is registered.
Amendment 269 #
Proposal for a regulation Recital 23 (23) An application should be registered as soon as it is made. At this stage, the authorities responsible for receiving and registering applications
Amendment 270 #
Proposal for a regulation Recital 24 (24) The lodging of the application is the act
Amendment 271 #
Proposal for a regulation Recital 24 (24) The lodging of the application is the act
Amendment 272 #
Proposal for a regulation Recital 24 (24) The lodging of the application is the act that formalises the application for international protection. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so. At this stage he or she is
Amendment 273 #
Proposal for a regulation Recital 24 a (new) Amendment 274 #
Proposal for a regulation Recital 25 (25) The applicant should be informed properly of his or her rights and obligations in a timely
Amendment 275 #
Proposal for a regulation Recital 25 (25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands
Amendment 276 #
Proposal for a regulation Recital 25 (25) The applicant should be informed properly of his or her rights and obligations
Amendment 277 #
Proposal for a regulation Recital 25 (25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand.
Amendment 278 #
Proposal for a regulation Recital 25 (25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand, and where possible using simple language. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national authorities by not providing the elements necessary for the examination of the application and by not providing his or her fingerprints or facial image, or fails to lodge his or her application within the set time limit, the application could be rejected as abandoned, it is necessary that the applicant be informed of the consequences for not complying with those obligations.
Amendment 279 #
Proposal for a regulation Recital 25 (25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national
Amendment 280 #
Proposal for a regulation Recital 25 (25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands
Amendment 281 #
Proposal for a regulation Recital 26 (26) To be able to fulfil their obligations under this
Amendment 282 #
Proposal for a regulation Recital 26 (26) To be able to fulfil their obligations under this Regulation, the personnel of the authorities responsible for receiving and registering applications should have appropriate knowledge and should receive the necessary training in the field of international protection, including when necessary with the support of the European Union Agency for Asylum. They should also be given the appropriate means and instructions to
Amendment 283 #
Proposal for a regulation Recital 26 (26) To be able to fulfil their obligations under this
Amendment 284 #
Proposal for a regulation Recital 27 (27) In order to facilitate access to the procedure at border crossing points and in detention facilities, NGOs providing legal aid should be given access and information should be made available on the possibility to apply for international protection. Basic communication necessary to enable the competent authorities to understand if persons declare their wish to receive international protection should be ensured
Amendment 285 #
Proposal for a regulation Recital 27 (27) In order to facilitate access to the procedure at border crossing points and in detention facilities, information should be made available on the possibility to apply for international protection. Basic communication necessary to enable the competent authorities to understand if persons declare their wish to receive international protection should be ensured through interpretation arrangements. Legal representatives and civil society organisations providing legal services or counselling or psychological counselling should always be allowed to access detention facilities, border crossing points and transit zones.
Amendment 286 #
(28) This Regulation should provide
Amendment 287 #
Proposal for a regulation Recital 28 (28) This Regulation should provide for the possibility that applicants lodge an application on behalf of
Amendment 288 #
Proposal for a regulation Recital 28 (28) This Regulation should provide for the possibility that applicants lodge an application on behalf of
Amendment 289 #
Proposal for a regulation Recital 28 (28) This
Amendment 290 #
Proposal for a regulation Recital 28 (28) This Regulation should provide for the possibility that applicants lodge an application on behalf of their spouse, partner in a stable and durable relationship,
Amendment 291 #
Proposal for a regulation Recital 28 (28) This
Amendment 292 #
Proposal for a regulation Recital 29 (29) To ensure that unaccompanied minors have effective access to the procedure, they should always be appointed a guardian. The guardian should be a person or a representative of an organisation appointed to assist and guide the minor through the procedure with a view to safeguard the best interests of the child as well his or her general well-being. Where necessary, the guardian should exercise legal capacity for the minor. In order to provide effective support to the unaccompanied minors, guardians should not be placed in charge of a disproportionate number of unaccompanied minors at the same time, and in any event that number should not be more than 10. Member States should appoint entities or persons responsible for the support, supervision and monitoring at regular intervals of the guardians in the performance of their tasks in a satisfactory manner. The supervision and monitoring of the guardians by NGOs shall be granted and facilitated. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardians. To this end, unaccompanied minors shall be given information in a concise, transparent, intelligible and easily accessible form, using clear and plain language both orally and in a visual form, in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety. An unaccompanied minor should lodge an application in his or her own name or through the guardian. In order to safeguard the rights and procedural guarantees of an unaccompanied minor, the time-limit for him or her to lodge an application should start to run from when his or her guardian is appointed and they meet. Where the guardian does not lodge the application within the set time limit, the unaccompanied minor should be given an opportunity to lodge the application on his or her name with the assistance of the determining authority. The fact that an unaccompanied minor chooses to lodge an application in his or her own name should
Amendment 293 #
Proposal for a regulation Recital 29 (29) To ensure that unaccompanied minors have effective access to the procedure, they should always be appointed a guardian. The guardian should be a person or a representative of an organisation appointed to assist and guide the minor through the procedure with a view to safeguard the best interests of the child as well his or her general well-being. Where necessary, the guardian should exercise legal capacity for the minor. In order to provide effective support to the unaccompanied minors, guardians should not be placed in charge of a disproportionate number of unaccompanied
Amendment 294 #
Proposal for a regulation Recital 29 (29) To ensure that unaccompanied minors have effective access to the procedure, they should always be appointed a guardian. The guardian should be a person or a representative of an organisation appointed to assist and guide the minor through the procedure with a view to safeguard the best interests of the child as well his or her general well-being. Where necessary, the guardian should exercise legal capacity for the minor. In order to provide effective support to the
Amendment 295 #
Proposal for a regulation Recital 29 (29) To ensure that unaccompanied minors have effective access to the procedure, they should always be appointed a guardian. The guardian should be a
Amendment 296 #
Proposal for a regulation Recital 30 (30) In order to guarantee the rights of the applicants, decisions on all applications for international protection should be taken on the basis of the facts, objectively, impartially and on an individual basis after a thorough examination which takes into
Amendment 297 #
Proposal for a regulation Recital 30 (30) In order to guarantee the rights of the applicants, decisions on all applications for international protection should be taken on the basis of the facts, objectively, impartially and on an individual basis after a thorough examination which takes into account all the elements provided by the applicant and the individual circumstances of the applicant. To ensure a rigorous examination of an application, the determining authority should take into
Amendment 298 #
Proposal for a regulation Recital 30 (30) In order to guarantee the rights of the applicants, decisions on all applications for international protection should be taken on the basis of the facts, objectively, impartially and on an individual basis after a thorough examination which takes into account all the elements provided by the applicant and the individual circumstances of the applicant. To ensure a rigorous examination of an application, the determining authority should take into account relevant, accurate and up-to-date information relating to the situation in the country of origin of the applicant obtained from the European Union Agency for Asylum and other sources such as the
Amendment 299 #
Proposal for a regulation Recital 31 (31) In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons for the decision and information on the consequences of the decision as well as the manner in which to challenge that decision. Without prejudice to the applicant's right to remain, including until the time limit within which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time limit, pending the outcome of the remedy, and to the principle of non-refoulement, such a decision may include, or may be issued together with, a return decision issued in accordance with Article 6 of Directive 2008/115/EC of the European Parliament and of the Council.28
Amendment 300 #
Proposal for a regulation Recital 31 (31) In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing with a translation to a language that he or she understands. Where the decision does not grant international protection, the applicant should be given reasons for the decision and information on the consequences of the decision as well as the manner in which to challenge that decision.
Amendment 301 #
Proposal for a regulation Recital 31 a (new) (31a) Having regard to the Malta Declaration of Heads of State or Government of 3 February 2017, which highlighted the need for a review of EU return policy based on an objective analysis of the way in which the legal, operational, financial and practical tools available at Union and national level are applied, the Commission shall propose a review of Directive 2008/115/EC of the European Parliament and the Council31a. _________________ 31aDirective 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third- country nationals
Amendment 302 #
Proposal for a regulation Recital 32 (32) It is necessary that decisions on applications for international protection are taken by authorities whose personnel has the appropriate knowledge and has received the necessary training in the field
Amendment 303 #
Proposal for a regulation Recital 33 (33) Without prejudice to carrying out an adequate and complete examination of an application for international protection, it is in the interests of both Member States and applicants for a decision to be taken as soon as possible. Maximum time-limits for the duration of the administrative procedure as well as for the first level of appeal should be established to streamline the procedure for international protection. In this way, applicants should be able to receive a decision on their application within the least amount of time possible in all Member States thereby ensuring a speedy and efficient procedure. The streamlining of the procedure should in no way have an adverse impact on the in- depth and individual examination of the merits of applications for protection.
Amendment 304 #
Proposal for a regulation Recital 35 Amendment 305 #
Proposal for a regulation Recital 35 Amendment 306 #
Proposal for a regulation Recital 35 Amendment 307 #
Proposal for a regulation Recital 35 Amendment 308 #
Proposal for a regulation Recital 35 Amendment 309 #
Proposal for a regulation Recital 35 Amendment 310 #
Proposal for a regulation Recital 35 (35) Before determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX of the European Parliament and of the Council (Dublin Regulation),29 the first Member State in which an application has been lodged should examine the admissibility of that application when a country which is not a Member State is considered as a first country of asylum or safe third country for the applicant. In addition, an application should be considered to be inadmissible
Amendment 311 #
Proposal for a regulation Recital 35 (35) Before determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX of the European Parliament and of the Council (Dublin Regulation),29 the first Member State in which an application has been lodged
Amendment 312 #
Proposal for a regulation Recital 36 Amendment 313 #
Proposal for a regulation Recital 36 (36) The concept of first country of asylum should be applied as a ground for inadmissibility where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the Geneva Convention or the applicant would be provided sufficient protection in that country. In particular, the Member States should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection. Member States should proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the Geneva Convention or has otherwise enjoyed and will continue to enjoy sufficient protection
Amendment 314 #
Proposal for a regulation Recital 36 (36)
Amendment 315 #
Proposal for a regulation Recital 36 (36)
Amendment 316 #
Proposal for a regulation Recital 37 Amendment 317 #
Proposal for a regulation Recital 37 (37)
Amendment 318 #
Proposal for a regulation Recital 37 (37) The concept of safe third country should be applied as a ground for inadmissibility where the applicant, due to a connection to the third country including one through which he or she has transited, can reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country. Member States should proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, that the applicant will have the possibility to receive protection in accordance with the substantive standards of the Geneva Convention or will enjoy sufficient protection
Amendment 319 #
Proposal for a regulation Recital 37 (37) The concept of safe third country
Amendment 320 #
Proposal for a regulation Recital 37 (37)
Amendment 321 #
Proposal for a regulation Recital 38 (38) An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 322 #
Proposal for a regulation Recital 38 (38) An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 323 #
Proposal for a regulation Recital 38 (38) An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). There need not be an examination on the merits where an application should be declared as inadmissible in accordance with this Regulation.
Amendment 324 #
Proposal for a regulation Recital 38 (38) An application for international protection should be examined on its merits to determine whether an applicant
Amendment 325 #
Proposal for a regulation Recital 39 Amendment 326 #
Proposal for a regulation Recital 39 (39) The examination of an application
Amendment 327 #
Proposal for a regulation Recital 39 (39)
Amendment 328 #
Proposal for a regulation Recital 39 (39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of
Amendment 329 #
Proposal for a regulation Recital 39 (39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an
Amendment 330 #
Proposal for a regulation Recital 39 (39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is
Amendment 331 #
Proposal for a regulation Recital 39 (39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are serious national security or public concerns, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations.
Amendment 332 #
Proposal for a regulation Recital 39 (39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where relevant information or documents where destroyed or disposed of, or where there are serious national security or public concerns, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations. Furthermore, an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
Amendment 333 #
Proposal for a regulation Recital 40 (40) Many applications for international protection are made at the border or in a transit zone of a Member State
Amendment 334 #
Proposal for a regulation Recital 40 (40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant.
Amendment 335 #
Proposal for a regulation Recital 40 (40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than
Amendment 336 #
Proposal for a regulation Recital 40 (40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than four weeks and after that period applicants should be allowed entry to the territory of the Member State. It is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone, that the border procedure may be applied at locations in proximity to the border or transit zone. A border procedure
Amendment 337 #
Proposal for a regulation Recital 40 (40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on
Amendment 338 #
Proposal for a regulation Recital 40 (40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than
Amendment 339 #
Proposal for a regulation Recital 41 Amendment 340 #
Proposal for a regulation Recital 41 (41) The notion of public order may, inter alia, cover a conviction of having committed a serious crime. The notions of national security and public order also covers serious crimes, such association with a criminal organisation, acts of terrorism, and trafficking in human beings.
Amendment 341 #
Proposal for a regulation Recital 42 (42) A
Amendment 342 #
Proposal for a regulation Recital 42 (42) As long as an applicant can
Amendment 343 #
Proposal for a regulation Recital 42 (42)
Amendment 344 #
Proposal for a regulation Recital 42 (42)
Amendment 345 #
Proposal for a regulation Recital 43 Amendment 346 #
Proposal for a regulation Recital 43 (43) Where an applicant
Amendment 347 #
Proposal for a regulation Recital 43 (43) Where an applicant either explicitly withdraws his or her application of his or her own motion
Amendment 348 #
Proposal for a regulation Recital 43 (43) Where an applicant either explicitly withdraws his or her application of his or her own motion, or
Amendment 349 #
Proposal for a regulation Recital 43 (43) Where an applicant either explicitly withdraws his or her application of his or her own motion, or does not comply with the obligations arising from this Regulation, Regulation (EU) No XXX/XXX (Dublin Regulation) or Directive XXX/XXX/EU (Reception Conditions Directive)
Amendment 350 #
Proposal for a regulation Recital 44 Amendment 351 #
Proposal for a regulation Recital 44 (44) Where an applicant makes a subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. In those cases, following a preliminary examination, applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success, in accordance with the res judicata principle. The preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success.
Amendment 352 #
Proposal for a regulation Recital 44 (44) Where an applicant makes a subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. In those cases, following a preliminary examination, applications should be dismissed as inadmissible or as manifestly unfounded where the application is
Amendment 353 #
Proposal for a regulation Recital 44 (44) Where an applicant makes a second or further subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. In those cases, following a preliminary examination, applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success, in accordance with the res judicata principle. The preliminary
Amendment 354 #
Proposal for a regulation Recital 44 (44) Where an applicant makes a subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. There is also a need to forestall repeated submissions of new applications in other Member States, without new elements or information being provided, so as to prevent abuses of the procedure. In those cases, following a preliminary examination, applications should be dismissed as inadmissible or as manifestly unfounded where the
Amendment 355 #
Proposal for a regulation Recital 44 a (new) (44a) Given the individual nature of the right to asylum as described in international legislation, including the Geneva Convention on the Status of Refugees, asylum applications must be individually analysed independently from the country of origin of the applicant. Therefore, the concept of safe country of origin cannot be applied.
Amendment 356 #
Proposal for a regulation Recital 45 Amendment 357 #
Amendment 358 #
Proposal for a regulation Recital 45 (45) A key consideration as to whether an application for international protection is well-founded is the safety of the applicant in his or her country of origin. Having regard to the fact that Regulation (EU) No XXX/XXX (Qualification Regulation) aims to achieve a high level of convergence on the qualification of third- country nationals and stateless persons as beneficiaries of international protection, this Regulation establishes common
Amendment 359 #
Proposal for a regulation Recital 45 (45) A key consideration as to whether an application for international protection is well-founded is the safety of the applicant in his or her country of origin. Having regard to the fact that Regulation (EU) No XXX/XXX (Qualification Regulation) aims to achieve a high level of convergence on the qualification of third- country nationals and stateless persons as beneficiaries of international protection, this Regulation establishes common criteria for designating third countries as safe countries of origin and,
Amendment 360 #
Proposal for a regulation Recital 45 (45) A key consideration as to whether an application for international protection is well-founded is the safety of the applicant in his or her country of origin. Having regard to the fact that Regulation (EU) No XXX/XXX (Qualification Regulation) aims to achieve a high level of convergence on the qualification of third- country nationals and stateless persons as beneficiaries of international protection, this
Amendment 361 #
Proposal for a regulation Recital 46 Amendment 362 #
Proposal for a regulation Recital 46 Amendment 363 #
Proposal for a regulation Recital 46 (46) The fact that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an appropriate individual examination of the application for international protection. By its very nature, the assessment underlying the designation can only take into account the general, civil, legal and political circumstances in that country and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in that country.
Amendment 364 #
Proposal for a regulation Recital 46 (46) The fact that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an appropriate individual examination of the application for international protection. By its very nature, the assessment underlying the designation can only take into account the general, civil, legal and political circumstances in that country and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in that country. For this reason, where an applicant shows that there are
Amendment 365 #
Proposal for a regulation Recital 47 Amendment 366 #
Proposal for a regulation Recital 47 Amendment 367 #
Proposal for a regulation Recital 47 Amendment 368 #
Proposal for a regulation Recital 47 (47) As regards the designation of safe third countries at Union level, this Regulation provides for having such a designation. Third countries should be designated as safe third countries at Union level by means of an amendment to this Regulation based on the conditions set out in this Regulation and after carrying out a detailed evidence-based assessment involving substantive research and broad consultation with Member States, the EU Agency for Asylum and relevant stakeholders.
Amendment 369 #
Proposal for a regulation Recital 47 (47) As regards the designation of safe third countries at Union level, this
Amendment 370 #
Proposal for a regulation Recital 47 (47) As regards the designation of safe third countries at Union level, this Regulation provides for having such a designation. Third countries should be designated as safe third countries at Union level by means of an amendment to this Regulation based on the conditions set out in this Regulation and after carrying out a detailed evidence-based assessment involving substantive research and broad consultation with Member States
Amendment 371 #
Proposal for a regulation Recital 48 Amendment 372 #
Proposal for a regulation Recital 48 Amendment 373 #
Proposal for a regulation Recital 48 (48) The establishment of an EU common list of safe countries of origin and an EU common list for safe third countries should address some of the existing
Amendment 374 #
Proposal for a regulation Recital 48 (48) The establishment of an EU common list of safe countries of origin
Amendment 375 #
Proposal for a regulation Recital 48 (48) The establishment of an EU common list of safe countries of origin and an EU common list for safe third countries should address some of the existing divergences between Member States’ national lists of safe countries and support the rapid processing of requests. While Member States should retain the right to apply or introduce legislation that allows
Amendment 376 #
Proposal for a regulation Recital 48 (48) The establishment of an EU common list of safe countries of origin and an EU common list for safe third countries should address some of the existing divergences between Member States’ national lists of safe countries. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at Union level or appearing on the EU common list as safe countries of origin, the establishment of such common designation or list should ensure that the concept is applied by all
Amendment 377 #
Proposal for a regulation Recital 48 a (new) (48a) With a view to harmonisation of national lists of safe countries of origin, the Commission shall regularly examine the situation in third states so as to make sure that the common list of safe countries of origin is comprehensive and effective. Where necessary, the Commission should then draw up a proposal to extend the EU common list of safe countries of origin. The Member States must also be able to submit proposals to the Commission with a view to adding third countries to that common list of safe countries of origin. The Commission should then examine these proposals within six months in the light of a set of information sources at its disposal and, where appropriate, make a proposal to extend the common list of safe countries of origin. The Commission must ensure that, for every third country on the EU common list of safe countries of origin, there is an efficient EU return policy with effective readmission agreements that must be complied with fully in order for EU aid to be sent to those countries.
Amendment 378 #
Proposal for a regulation Recital 48 a (new) (48a) The EU's common list of safe countries of origin should not have the aim of reducing the number of asylum seekers from countries which combine a large number of applications with a low recognition rate. The designation of a third country as a safe country of origin should be based solely on an assessment of whether that country's situation conforms to the common criteria for designating third countries as safe countries of origin that are laid down in this Regulation.
Amendment 379 #
Proposal for a regulation Recital 49 Amendment 380 #
Proposal for a regulation Recital 49 (49) The Commission, assisted by the European Union Agency for Asylum, should regularly review the situation in third countries designated as safe third countries at Union level or that are on the EU common list of safe countries of origin and monitor the situation in prospective new countries with the aim of designating them as safe third countries at Union level or adding them to the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of such a third country, the Commission should be able to suspend the designation of that third country as safe third country at Union level or the presence of that third country from the EU common
Amendment 381 #
Proposal for a regulation Recital 49 (49) The Commission, assisted by the European Union Agency for Asylum, should regularly review the situation in third countries designated as safe third countries at Union level or that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of such a third country, the Commission should be able to suspend the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a limited period of time by means of a delegated act in accordance with Article 290 of the Treaty on the Functioning of the European Union. Moreover, in this case, the Commission should propose an
Amendment 382 #
Proposal for a regulation Recital 49 (49) The Commission, assisted by the European Union Agency for Asylum, should regularly review the situation in third countries designated as safe third countries at Union level or that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of such a third country, the Commission should be able to suspend the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin
Amendment 383 #
Proposal for a regulation Recital 49 (49) The Commission, assisted by the European Union Agency for Asylum, should regularly review the situation in third countries designated as safe third countries at Union level or that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of such a third country, the Commission should be able to suspend the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a limited period of time by means of a delegated act in accordance with Article 290 of the Treaty on the Functioning of the European Union. Moreover, in this case, the Commission should propose an amendment for the third country not to be designated as a safe third country at Union level any longer or to remove that third country from the EU common list of safe country of origin within
Amendment 384 #
Amendment 385 #
Proposal for a regulation Recital 50 (50) For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service and the information from Member States, the European Union Agency for Asylum
Amendment 386 #
Proposal for a regulation Recital 50 (50) For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress
Amendment 387 #
Proposal for a regulation Recital 51 Amendment 388 #
Proposal for a regulation Recital 51 Amendment 389 #
Proposal for a regulation Recital 52 Amendment 390 #
Proposal for a regulation Recital 52 Amendment 391 #
Proposal for a regulation Recital 52 Amendment 392 #
Proposal for a regulation Recital 52 (52) The Commission, with the assistance of the European Union Agency for Asylum, should regularly review the situation in third countries that have been removed from the EU common list of safe countries of origin or safe third countries and the prospective new such countries, including where a Member State notifies the Commission that it considers, based on a substantiated assessment, that, following changes in the situation of that third country, it fulfils
Amendment 393 #
Proposal for a regulation Recital 52 (52) The Commission, with the assistance of the European Union Agency for Asylum, should regularly review the situation in third countries that have been removed from the EU common list of safe countries of origin or safe third countries
Amendment 394 #
Proposal for a regulation Recital 52 (52) The Commission, with the assistance of the European Union Agency for Asylum, should regularly review the situation in third countries that have been removed from the EU common list of safe countries of origin or safe third countries, including where a Member State notifies the Commission that it considers, based on
Amendment 395 #
Proposal for a regulation Recital 52 (52) The Commission, with the assistance of the European Union Agency for Asylum, should regularly review the situation in third countries that have been removed from the EU common list of safe countries of origin or safe third countries, including where a Member State notifies the Commission that it considers, based on a substantiated assessment, that, following changes in the situation of that third country, it fulfils again the conditions set out in this
Amendment 396 #
Proposal for a regulation Recital 53 Amendment 397 #
Proposal for a regulation Recital 53 Amendment 398 #
Proposal for a regulation Recital 54 Amendment 399 #
Proposal for a regulation Recital 54 Amendment 400 #
Proposal for a regulation Recital 54 (54) Based on a range of sources of information, including in particular
Amendment 401 #
Proposal for a regulation Recital 55 Amendment 402 #
Proposal for a regulation Recital 55 Amendment 403 #
Proposal for a regulation Recital 55 (55) As regards Albania, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in four out of 150 applications. There are no indications of
Amendment 404 #
Proposal for a regulation Recital 56 Amendment 405 #
Proposal for a regulation Recital 56 Amendment 406 #
Proposal for a regulation Recital 56 (56) As regards Bosnia and Herzegovina, its Constitution provides the basis for the sharing of powers between the country's constituent peoples. The legal basis for protection against persecution and
Amendment 407 #
Proposal for a regulation Recital 57 Amendment 408 #
Proposal for a regulation Recital 57 Amendment 409 #
Proposal for a regulation Recital 57 (57) As regards the former Yugoslav Republic of Macedonia, the legal basis for protection against persecution and mistreatment is adequately provided by principle substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in six out of 502 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality,
Amendment 410 #
Proposal for a regulation Recital 58 Amendment 411 #
Proposal for a regulation Recital 58 Amendment 412 #
Proposal for a regulation Recital 58 (58) As regards Kosovo*, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation. The non-accession of Kosovo* to relevant international human rights instruments such as the ECHR results from the lack of international consensus regarding its status as a sovereign State. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality,
Amendment 413 #
Proposal for a regulation Recital 59 Amendment 414 #
Proposal for a regulation Recital 59 (59) This
Amendment 415 #
Proposal for a regulation Recital 59 (59) This
Amendment 416 #
Proposal for a regulation Recital 60 Amendment 417 #
Proposal for a regulation Recital 60 Amendment 418 #
Proposal for a regulation Recital 60 (60) As regards Montenegro, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in one out of 447 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality,
Amendment 419 #
Proposal for a regulation Recital 61 Amendment 420 #
Proposal for a regulation Recital 61 Amendment 421 #
Proposal for a regulation Recital 61 (61) As regards Serbia, the Constitution provides the basis for self-governance of minority groups in the areas of education, use of language, information and culture. The legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 16 out of 11 490 applications. There are no indications of any incidents of expulsion, removal or
Amendment 422 #
Proposal for a regulation Recital 62 Amendment 423 #
Proposal for a regulation Recital 62 Amendment 424 #
Proposal for a regulation Recital 62 (62) As regards Turkey, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 94 out of 2 899 applications. There are no indications of any incidents of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality,
Amendment 425 #
Proposal for a regulation Recital 63 Amendment 426 #
Proposal for a regulation Recital 63 (63) With respect to the withdrawal of refugee or subsidiary protection status,
Amendment 427 #
Proposal for a regulation Recital 63 (63) With respect to the withdrawal of refugee or subsidiary protection status, and in particular in view of the regular status review to be carried out on the basis of Regulation (EU) No XXX/XXX (Qualification Regulation), Member States should ensure that persons benefiting from international protection are duly informed of a
Amendment 428 #
Proposal for a regulation Recital 63 (63) With respect to the withdrawal of refugee
Amendment 429 #
Proposal for a regulation Recital 64 (64) Decisions taken on an application for international protection, including the decisions concerning the explicit or implicit withdrawal of an application, and the decisions on the withdrawal of refugee
Amendment 430 #
Proposal for a regulation Recital 64 (64) Decisions taken on an application for international protection, including the decisions concerning the explicit
Amendment 431 #
Proposal for a regulation Recital 64 (64) Decisions taken on an application for international protection, including the decisions concerning the explicit or implicit withdrawal of an application, and the decisions on the withdrawal of refugee
Amendment 432 #
Proposal for a regulation Recital 65 (65) For an applicant to be able to exercise his or her right to an effective remedy, he or she should be allowed to remain on the territory of a Member State until the time-limit for lodging a first level
Amendment 433 #
Proposal for a regulation Recital 65 (65) For an applicant to be able to exercise his or her right to an effective remedy, he or she should be allowed to remain on the territory of a Member State until the time-limit for lodging a first level
Amendment 434 #
Proposal for a regulation Recital 65 (65) For an applicant to be able to exercise his or her right to an effective remedy, he or she should be allowed to remain on the territory of a Member State until the time-limit for lodging a first level of appeal expires, and when such a right is exercised within the set time-limit, pending
Amendment 435 #
Proposal for a regulation Recital 65 (65) For an applicant to be able to exercise his or her right to an effective remedy, he or she should be allowed to remain on the territory of a Member State until the time-limit for lodging a first level of appeal expires, and when such a right is exercised within the set time-limit, pending the outcome of the remedy. It is only in limited cases set out in this
Amendment 436 #
Proposal for a regulation Recital 67 (67) In accordance with Article 72 of the Treaty on the Functioning of the European Union, this
Amendment 437 #
Proposal for a regulation Recital 67 (67) In accordance with Article 72 of the Treaty on the Functioning of the European Union
Amendment 438 #
Proposal for a regulation Recital 68 (68) Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 31 applies to the processing of personal data by the Member States carried out in application of this
Amendment 439 #
Proposal for a regulation Recital 69 (69) Any processing of personal by the European Union Agency for Asylum within the framework of this
Amendment 440 #
Proposal for a regulation Recital 70 (70) Any personal data collected upon registration or lodging of an application for international protection and during the personal interview should be considered to be part of the applicant's file and it should be kept for a
Amendment 441 #
Proposal for a regulation Recital 70 (70) Any personal data collected upon registration or lodging of an application for international protection and during the personal interview should be considered to be part of the applicant's file and it should be kept for a number of years since third- country nationals or stateless persons who request international protection in one Member State may try to request international protection in another Member State or may submit further subsequent applications in the same or another Member State for years to come. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after a period of
Amendment 442 #
Proposal for a regulation Recital 71 (71) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards the provision of information
Amendment 443 #
Proposal for a regulation Recital 71 (71) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards the provision of information, documents to the applicants and measures concerning applicants in need of speci
Amendment 444 #
Proposal for a regulation Recital 71 (71) In order to ensure uniform conditions for the implementation of this
Amendment 445 #
Proposal for a regulation Recital 71 (71) In order to ensure uniform conditions for the implementation of this
Amendment 446 #
Proposal for a regulation Recital 72 Amendment 447 #
Proposal for a regulation Recital 72 (72) In order to address sudden changes for the worse in a third country designated as a safe third country at Union level or included in the EU common list of safe countries of origin, 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 suspending the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a period of
Amendment 448 #
Proposal for a regulation Recital 72 (72) In order to address sudden changes for the worse in a third country designated as a safe third country at Union level or included in the EU common list of safe countries of origin, 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 suspending the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a period of six months where the Commission considers, on the basis of a substantiated assessment, that the conditions set by this
Amendment 449 #
Proposal for a regulation Recital 72 (72) In order to address sudden changes for the worse in a third country designated as a safe third country at Union level or included in the EU common list of safe countries of origin, 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 suspending the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a period of six months where the Commission considers, on the basis of a substantiated assessment, that the conditions set by this
Amendment 450 #
Proposal for a regulation Recital 73 (73) This
Amendment 451 #
Proposal for a regulation Recital 73 (73) This
Amendment 452 #
Proposal for a regulation Recital 74 (74) This
Amendment 453 #
(74) This
Amendment 454 #
Proposal for a regulation Recital 75 (75) The application of this Regulation should be evaluated at regular intervals. in particular in relation to the application of Section III of this Regulation.
Amendment 455 #
Proposal for a regulation Recital 75 (75) The application of this
Amendment 456 #
Proposal for a regulation Recital 75 (75) The
Amendment 457 #
Proposal for a regulation Recital 76 Amendment 458 #
Proposal for a regulation Recital 76 (76)
Amendment 459 #
Proposal for a regulation Recital 77 – paragraph 1 [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed
Amendment 460 #
Proposal for a regulation Recital 77 – paragraph 1 [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this
Amendment 461 #
Proposal for a regulation Recital 77 – paragraph 3 [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member
Amendment 462 #
Proposal for a regulation Recital 77 – paragraph 3 [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this
Amendment 463 #
Proposal for a regulation Recital 77 – paragraph 5 [(XX) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United
Amendment 464 #
Proposal for a regulation Recital 77 – paragraph 5 Amendment 465 #
Proposal for a regulation Recital 77 – paragraph 6 (XX) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified (, by letter of ...,) its wish to take part in the
Amendment 466 #
Proposal for a regulation Recital 77 – paragraph 6 Amendment 467 #
Proposal for a regulation Recital 77 – paragraph 8 [(XX) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the adoption and application of this
Amendment 468 #
Proposal for a regulation Recital 77 – paragraph 8 [
Amendment 469 #
Proposal for a regulation Recital 77 – paragraph 9 (XX) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this
Amendment 470 #
Proposal for a regulation Recital 77 – paragraph 9 Amendment 471 #
Proposal for a regulation Recital 78 (78) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this
Amendment 472 #
Proposal for a regulation Recital 78 (78) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this
Amendment 473 #
Proposal for a regulation Recital 79 (79) This
Amendment 474 #
Proposal for a regulation Recital 79 (79) This
Amendment 475 #
Proposal for a regulation Article 1 – paragraph 1 This
Amendment 476 #
Proposal for a regulation Article 1 – paragraph 1 This
Amendment 477 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation only applies to
Amendment 478 #
Proposal for a regulation Article 2 – paragraph 1 1. This
Amendment 479 #
Proposal for a regulation Article 2 – paragraph 1 1. This
Amendment 480 #
Proposal for a regulation Article 2 – paragraph 2 2.
Amendment 481 #
Proposal for a regulation Article 2 – paragraph 2 2. This
Amendment 482 #
Proposal for a regulation Article 2 – paragraph 2 2. This
Amendment 483 #
Proposal for a regulation Article 3 – paragraph 1 Member States may decide to apply this
Amendment 484 #
Proposal for a regulation Article 3 – paragraph 1 Member States may decide to apply this
Amendment 485 #
Proposal for a regulation Article 3 a (new) Article 3 a More favourable provisions Member States may introduce or retain more favourable standards on procedures for granting and withdrawing international protection, insofar as those standards are compatible with this Regulation.
Amendment 486 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. For the purposes of this
Amendment 487 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. For the purposes of this
Amendment 488 #
Proposal for a regulation Article 4 – paragraph 1 – point c Amendment 489 #
Proposal for a regulation Article 4 – paragraph 1 – point f Amendment 490 #
Proposal for a regulation Article 4 – paragraph 1 – point f a (new) (f a) 'family members'
Amendment 491 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a)
Amendment 492 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) 'application for international protection' or 'application' means a request
Amendment 493 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) 'application for international protection' or 'application' means a request made by a third-country national
Amendment 494 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b)
Amendment 495 #
Proposal for a regulation Article 4 – paragraph 2 – point b a (new) (b a) 'registering' of an application for international protection means the recording of the personal details, including fingerprints and a facial image in accordance with [Article 10(1) of the Eurodac Regulation] of an applicant for international protection, which formalises the application for international protection;
Amendment 496 #
Proposal for a regulation Article 4 – paragraph 2 – point b b (new) (b b) 'lodging' of an application for international protection means the submission of elements available to the applicant which substantiate the application for international protection in accordance with [Article 4(1) of the Qualification Regulation];
Amendment 497 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) 'applicant in need of special procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this Regulation is limited due to individual circumstances or specific vulnerabilities;
Amendment 498 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) 'applicant in need of speci
Amendment 499 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) 'applicant in need of special procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this
Amendment 500 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) 'applicant in need of special procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this
Amendment 501 #
Proposal for a regulation Article 4 – paragraph 2 – point c a (new) (c a) 'registering' of an application for international protection means the recording of the personal details, in accordance with [Article 10(1) of the Eurodac Regulation] of an applicant for international protection, which formalises the application for international protection;
Amendment 502 #
Proposal for a regulation Article 4 – paragraph 2 – point c a (new) (c a) 'stateless person' means an individual who is not considered as a national by any state under its national law;
Amendment 503 #
Proposal for a regulation Article 4 – paragraph 2 – point c b (new) (c b) 'lodging' of an application for international protection means the submission of elements available to the applicant which may help to substantiate the application for international protection in accordance with [Article 4(1) of the Qualification Regulation];
Amendment 504 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) 'final decision' means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation)
Amendment 505 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) 'final decision' means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation), including a decision rejecting
Amendment 506 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) 'final decision' means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation), including a decision rejecting the application as inadmissible or a decision rejecting an application as explicitly withdrawn or abandoned and which can no longer be subject to an appeal procedure pursuant to Article 53 in the Member State concerned;
Amendment 507 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) 'final decision' means a decision on whether or not a third-country national or stateless person is granted refugee status
Amendment 508 #
Proposal for a regulation Article 4 – paragraph 2 – point e (e) 'determining authority' means any
Amendment 509 #
Proposal for a regulation Article 4 – paragraph 2 – point e (e) 'determining authority' means any judicial, quasi-judicial or administrative body in a Member State responsible for examining applications for international protection competent to take decisions at first instance;
Amendment 510 #
Proposal for a regulation Article 4 – paragraph 2 – point f (f) 'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation and exercising legal capacity for the minor where necessary
Amendment 511 #
Proposal for a regulation Article 4 – paragraph 2 – point f (f) 'guardian' means a person or an organisation appointed by the comptent bodies to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interests of the child and his or her
Amendment 512 #
Proposal for a regulation Article 4 – paragraph 2 – point f (f) 'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this
Amendment 513 #
Proposal for a regulation Article 4 – paragraph 2 – point f (f) 'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this
Amendment 514 #
(f) 'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her
Amendment 515 #
Proposal for a regulation Article 4 – paragraph 2 – point f (f) 'guardian' means a
Amendment 516 #
Proposal for a regulation Article 4 – paragraph 2 – point g (g) 'withdrawal of international protection' means the decision by a determining authority to revoke, end or
Amendment 517 #
Proposal for a regulation Article 4 – paragraph 2 – point g (g) 'withdrawal of international protection' means the decision by a determining authority to revoke, end or refuse to renew refugee status
Amendment 518 #
Proposal for a regulation Article 4 – paragraph 2 – point i (i) 'subsequent application' means a further application for international protection made in any Member State after a final decision has been taken on a previous application
Amendment 519 #
Proposal for a regulation Article 4 – paragraph 2 – point i (i) 'subsequent application' means a second or further application for international protection made in any Member State after a final decision has been taken on
Amendment 520 #
Proposal for a regulation Article 4 – paragraph 2 – point i (i) 'subsequent application' means a further application for international protection made in
Amendment 521 #
Proposal for a regulation Article 4 – paragraph 2 – point j a (new) (j a) 'meaningful connection with a third country' means the existence of family or cultural ties or previous long- term residence and integration in the territory of a third country, according to which an applicant may reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country.A meaningful connection shall not be derived from the mere fact that the applicant has transited through a third country.
Amendment 522 #
Proposal for a regulation Article 5 – paragraph 1 – point c a (new) (c a) processing and taking decisions on cases pursuant to Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 523 #
Proposal for a regulation Article 5 – paragraph 2 2. Each Member State shall provide the determining authority with appropriate means, including sufficient competent personnel to carry out its tasks in accordance with this Regulation.
Amendment 524 #
Proposal for a regulation Article 5 – paragraph 2 2. Each Member State shall provide the determining authority with appropriate means, including sufficient competent personnel and appropriate training to carry out its tasks in accordance with this Regulation. For that purpose, each Member State shall regularly assess the needs of the determining authority to ensure that it is always in a position to deal with applications for international protection in an effective manner, particularly when receiving a disproportionately high number of simultaneous applications.
Amendment 525 #
Proposal for a regulation Article 5 – paragraph 2 2. Each Member State shall provide the determining authorit
Amendment 526 #
Proposal for a regulation Article 5 – paragraph 2 2. Each Member State shall provide the determining authority with appropriate means, including sufficient competent personnel to carry out its tasks in accordance with this
Amendment 527 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – introductory part The following authorities shall have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection.Under no circumstances shall these authorities have the power to decide on the admissibility and the merits of an application for international protection:
Amendment 528 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – introductory part The following authorities shall have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection.Under no circumstances shall these authorities have the power to decide on the merits of an application for international protection:
Amendment 529 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – introductory part The following authorities shall have the task of receiving and registering applications for international
Amendment 530 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – introductory part Amendment 531 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – introductory part Amendment 532 #
The following authorities
Amendment 533 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – introductory part The following authorities
Amendment 534 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – introductory part The following authorities
Amendment 535 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – point a a (new) (a a) the determining authority
Amendment 536 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – point b Amendment 537 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – point b Amendment 538 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 – point d (d) authorities responsible for detention or reception facilities.
Amendment 539 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 2 Amendment 540 #
Member States may entrust also other authorities with those tasks. Where the application is received by an authority without the power to register it, that authority shall inform the applicants where and how to apply for international protection.
Amendment 541 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. In each Member State an authority or authorities shall be responsible for: (a) registering applications for international protection; (b) dealing with cases in accordance with Regulation (EU) No xxx/xxxx [Dublin Regulation] (c) granting or refusing permission to enter in the framework of the procedure provided for in Article 41 of this Directive, subject to the conditions as set out therein and on the basis of the reasoned opinion of the determining authority.
Amendment 542 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4. The determining authority of the Member State responsible may be assisted for the purpose of receiving
Amendment 543 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4.
Amendment 544 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4. The determining authorit
Amendment 545 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4. The determining authority of the Member State responsible may be assisted for the purpose of receiving
Amendment 546 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4. The determining authority of the Member State responsible may be assisted for the purpose of receiving
Amendment 547 #
Proposal for a regulation Article 5 – paragraph 4 – point a Amendment 548 #
Proposal for a regulation Article 5 – paragraph 4 – point a Amendment 549 #
Proposal for a regulation Article 5 – paragraph 4 – point a Amendment 550 #
Proposal for a regulation Article 5 – paragraph 4 – point b Amendment 551 #
Proposal for a regulation Article 5 – paragraph 4 – point b a (new) (b a) The experts deployed by the European Union Agency for Asylum will be subject to the standard operating procedures and the hierarchy of the determining authority of the assisted Member State.
Amendment 552 #
Proposal for a regulation Article 5 – paragraph 4 a (new) 4 a. The determining authority of the Member State responsible may be assisted for the purpose of receiving, registering and examining applications for international protection by experts deployed by the European Union Agency for Asylum, in accordance with Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 553 #
Proposal for a regulation Article 5 – paragraph 5 5. Member States shall ensure that the personnel of the
Amendment 554 #
Proposal for a regulation Article 5 – paragraph 5 5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with
Amendment 555 #
Proposal for a regulation Article 5 – paragraph 5 5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, 4 and 4a have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this Regulation.
Amendment 556 #
Proposal for a regulation Article 5 – paragraph 5 5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this
Amendment 557 #
Proposal for a regulation Article 5 – paragraph 5 a (new) 5 a. Member States shall take all necessary measures to prevent absconding of the applicant, as well as illegal travels to another Member State of the European Union.
Amendment 558 #
Proposal for a regulation Article 6 – paragraph 1 1. The authorities applying this Regulation shall safeguard the confidentiality of any information they obtain in the course of their work. In order to combat attempted terrorism, however, all applicants shall be listed in a central online database, which shall include the applicant's photograph, full name and last place of residence in the third country.
Amendment 559 #
Proposal for a regulation Article 6 – paragraph 1 1. The authorities applying this Regulation shall safeguard the confidentiality of any information about any individual application they obtain in the course of their work.
Amendment 560 #
Proposal for a regulation Article 6 – paragraph 1 1. The authorities applying this
Amendment 561 #
Proposal for a regulation Article 6 – paragraph 1 1. The authorities applying this
Amendment 562 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) obtain any information from the alleged actors of persecution or serious harm
Amendment 563 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) obtain any information from the alleged actors of persecution or serious harm i
Amendment 564 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 565 #
Proposal for a regulation Article 7 – paragraph 1 1.
Amendment 566 #
Proposal for a regulation Article 7 – paragraph 1 1. The applicant shall make his or her application in the Member State
Amendment 567 #
Proposal for a regulation Article 7 – paragraph 1 1. The applicant shall make his or her application in the Member State
Amendment 568 #
Proposal for a regulation Article 7 – paragraph 1 1. The applicant shall make and lodge his or her application in the Member State of first entry or, where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 of Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 569 #
Proposal for a regulation Article 7 – paragraph 1 1. The applicant shall make and lodge his or her application in the Member State of first entry or, where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 of Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 570 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 571 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2.
Amendment 572 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The applicant shall cooperate with the responsible authorities in all matters covered by this regulation in order for them to establish his or her identity as well as to register, enable the lodging of and examine the application by:
Amendment 573 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The applicant shall be bound to cooperate with the responsible authorities for them to establish his or her identity as well as to register, enable the lodging of and examine the application by:
Amendment 574 #
Proposal for a regulation Article 7 – paragraph 2 – point b Amendment 575 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) providing
Amendment 576 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) lodging his or her application in accordance with Article 28
Amendment 577 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) lodging his or her application in accordance with Article 28
Amendment 578 #
Proposal for a regulation Article 7 – paragraph 2 – point c a (new) (c a) if requested, providing an age assessment established by means of a medical examination used to determine the age of minors in accordance with Article 24.
Amendment 579 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d)
Amendment 580 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) hand over documents, or their copies, in his or her possession relevant to the examination of the application.
Amendment 581 #
Proposal for a regulation Article 7 – paragraph 3 3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image, or misleads the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision, and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations, his or her application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.
Amendment 582 #
Proposal for a regulation Article 7 – paragraph 3 3. Where an applicant refuses to cooperate by not providing the details
Amendment 583 #
Proposal for a regulation Article 7 – paragraph 3 3. Where an applicant refuses to cooperate by not providing the details
Amendment 584 #
Proposal for a regulation Article 7 – paragraph 3 3. Where an applicant
Amendment 585 #
Proposal for a regulation Article 7 – paragraph 3 3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image, and the responsible authorities have properly
Amendment 586 #
Proposal for a regulation Article 7 – paragraph 3 3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image, and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations, his or her application
Amendment 587 #
Proposal for a regulation Article 7 – paragraph 3 3. Where an applicant refuses to cooperate
Amendment 588 #
Proposal for a regulation Article 7 – paragraph 4 4. The applicant shall inform the
Amendment 589 #
Proposal for a regulation Article 7 – paragraph 4 4. The applicant shall inform the determining authority of the Member State in which he or she is required to be present of his or her place of residence or address or a telephone number or e-mail address where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes.
Amendment 590 #
4. The applicant shall inform the determining authority of the Member State in which he or she
Amendment 591 #
Proposal for a regulation Article 7 – paragraph 4 4. The applicant shall inform the determining authority of the Member State in which he or she is required to be present of his or her place of residence or address or a telephone number where he or she may be reached by the determining authority or other responsible authorities. He or she shall immediately notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.
Amendment 592 #
Proposal for a regulation Article 7 – paragraph 5 Amendment 593 #
Proposal for a regulation Article 7 – paragraph 6 Amendment 594 #
Proposal for a regulation Article 7 – paragraph 6 6. The applicant shall comply with obligations to report regularly to the competent authorities or to appear before them in person without delay or at a specified time or to remain in a designated area on its territory in accordance with Directive XXX/XXX/EU (Reception Conditions Directive)
Amendment 595 #
Proposal for a regulation Article 7 – paragraph 6 6. The applicant shall comply with any obligation
Amendment 596 #
Proposal for a regulation Article 7 – paragraph 6 6. The applicant shall comply with obligations to report regularly to the competent authorities
Amendment 597 #
Proposal for a regulation Article 7 – paragraph 7 7. Where it is necessary for the examination of an application, the applicant
Amendment 598 #
Proposal for a regulation Article 7 – paragraph 7 7. Where it is necessary for the
Amendment 599 #
Proposal for a regulation Article 7 – paragraph 7 7.
Amendment 600 #
Proposal for a regulation Article 7 – paragraph 7 7. Where it is necessary for the examination of an application, the applicant may be required by the responsible authorities to be searched or have his or her items searched.
Amendment 601 #
Proposal for a regulation Article 7 – paragraph 7 7. Where it is necessary for the examination of an application, the applicant may be required by the responsible authorities to be searched or have his or her items searched in accordance with national law. Without prejudice to any search carried out for security reasons, a search of the applicant's person under this Regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity.
Amendment 602 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1 a. The European Asylum Agency shall, in close cooperation with the responsible national agencies and complementary to information material provided under Regulation XXX/XXX (Dublin Regulation), draw up common information materials containing at least the information referred to in paragraph 1 of this Article. The common information material shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. The European Asylum Agency shall create specific information material intended particularly for the following target groups: a) adult applicants, with specific attention to female and vulnerable applicants; b) unaccompanied minors; c) accompanied minors.
Amendment 603 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1 a. Applicants shall enjoy the right to free legal assistance and representation at all stages of the procedure pursuant to Section III of this Regulation.
Amendment 604 #
Proposal for a regulation Article 8 – paragraph 1 b (new) 1 b. Applicants shall be guaranteed the right to a substantive interview on their application in accordance with Article 11 of this Regulation and, where applicable, the right to an admissibility interview in accordance with Article 10 of this Regulation.
Amendment 605 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – introductory part The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
Amendment 606 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – introductory part The determining authority shall inform applicants, in a language which they understand
Amendment 607 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – introductory part The determining authority shall inform applicants, in a language which they understand
Amendment 608 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – introductory part The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand, and where possible using simple language, of the following:
Amendment 609 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – introductory part The
Amendment 610 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point a a (new) (a a) the right to legal assistance for the lodging of the individual application, including the possibility of free legal assistance in accordance with Article 15;
Amendment 611 #
(c) their rights and obligations during the procedure
Amendment 612 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point в (c) their rights and obligations during the procedure
Amendment 613 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point c (c) their rights and obligations during the procedure
Amendment 614 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point c (c) their rights and obligations during the procedure, including of the
Amendment 615 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point c (c) their rights and obligations during the procedure, including the
Amendment 616 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point e (e)
Amendment 617 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point f (f) the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Regulation (EU) No XXX/XXX (Qualification Regulation) including the right to free legal assistance and representation;
Amendment 618 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point g (g) the consequences of an explicit
Amendment 619 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point h (h) the outcome of the decision of the determining authority, the reasons for
Amendment 620 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point h (h) the outcome of the decision of the determining authority, the reasons for that decision, as well as the consequence of a decision refusing to grant international protection and the deadlines and manner in which to challenge such a decision.
Amendment 621 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 – point h a (new) (h a) the right to receive free legal counsel and to contact relevant NGOs.
Amendment 622 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 The information referred to in the first paragraph shall be
Amendment 623 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 Amendment 624 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 The information referred to in the first paragraph shall be given
Amendment 625 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 The information referred to in the first paragraph shall be given
Amendment 626 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2 a. Children shall be provided information in a child-friendly manner and in a language they understand by appropriately trained staff.
Amendment 627 #
Proposal for a regulation Article 8 – paragraph 3 3. The determining authority shall provide applicants with the services of an interpreter for submitting their case to the determining authority as well as to courts or tribunals whenever appropriate communication cannot be ensured without such services. The interpretation services shall be paid for from public funds. This shall also be done when applicants are in detention centers or at border crossing points.
Amendment 628 #
Proposal for a regulation Article 8 – paragraph 3 3. The determining authority shall provide applicants with the services of an interpreter for submitting their case to the determining authority as well as to courts or tribunals whenever appropriate communication cannot be ensured without such services. The interpretation services shall be paid for from public funds unless the applicant has sufficient resources.
Amendment 629 #
Proposal for a regulation Article 8 – paragraph 3 3. The determining authority shall provide applicants with the services of an interpreter for submitting their case to the determining authority as well as to courts or tribunals whenever appropriate communication cannot be ensured without such services. The interpretation services shall be
Amendment 630 #
3. The determining authority shall provide applicants with the services of an interpreter for submitting their case to the determining authority as well as to courts or tribunals whenever appropriate communication cannot be ensured without such services. The interpretation services shall be
Amendment 631 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3 a. The European Asylum Agency shall provide a dedicated website with information about the Common European Asylum System, 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 languages spoken by applicants for international protection arriving in Europe.
Amendment 632 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3 a. The European Asylum Agency shall draw up common information material containing at least the information referred to in paragraph 2 of this Article.The common information material shall be established in such a manner as to enable Member States shall use the common information material and to complete it, where necessary, with additional Member State-specific information.
Amendment 633 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3 a. The determining authority may also provide applicants with a cultural mediator to assist him or her during the procedure and, in particular, during the personal interview.
Amendment 634 #
Proposal for a regulation Article 8 – paragraph 3 b (new) 3 b. 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 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 635 #
Proposal for a regulation Article 8 – paragraph 4 4. The determining authority shall provide applicants with the opportunity to communicate with United Nations High Commissioner for Refugees or with any other organisation providing legal advice or other counselling to applicants, in
Amendment 636 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 637 #
Proposal for a regulation Article 8 – paragraph 4 4. The determining authority
Amendment 638 #
Proposal for a regulation Article 8 – paragraph 4 4. The determining authority
Amendment 639 #
Proposal for a regulation Article 8 – paragraph 5 5. The determining authority shall ensure that applicants and, where applicable, their guardians, legal advisers or other counsellors have access to the information referred to in Article 33(2)(
Amendment 640 #
Proposal for a regulation Article 8 – paragraph 5 5. The determining authority shall ensure that applicants and, where applicable, their guardians, legal advisers or other counsellors have access to the information referred to in Article 33(2)
Amendment 641 #
Proposal for a regulation Article 8 – paragraph 5 5. The determining authority shall ensure that applicants and, where
Amendment 642 #
Proposal for a regulation Article 8 – paragraph 6 6. The determining authority shall give applicants notice
Amendment 643 #
Proposal for a regulation Article 8 – paragraph 6 6. The determining authority shall
Amendment 644 #
Proposal for a regulation Article 8 – paragraph 6 6. The determining authority shall
Amendment 645 #
Proposal for a regulation Article 8 – paragraph 6 6. The determining authority shall give applicants notice within a reasonable
Amendment 646 #
Proposal for a regulation Article 9 – paragraph 1 1. Applicants shall have the right to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a final decision in accordance with the administrative procedure provided for in Chapter III and until any ongoing appeal procedure in relation to the application, return decision or removal order has been concluded.
Amendment 647 #
Proposal for a regulation Article 9 – paragraph 1 1. Applicants shall
Amendment 648 #
Proposal for a regulation Article 9 – paragraph 1 1. Applicants shall
Amendment 649 #
Proposal for a regulation Article 9 – paragraph 1 1. Applicants shall have the right to remain in the Member State responsible, for the
Amendment 650 #
Proposal for a regulation Article 9 – paragraph 2 2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States
Amendment 651 #
Proposal for a regulation Article 9 – paragraph 2 2. The right to remain on the territory of a Member State shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 652 #
Proposal for a regulation Article 9 – paragraph 2 2. The right to remain shall not
Amendment 653 #
Proposal for a regulation Article 9 – paragraph 2 2. The right to remain shall not constitute an entitlement to a residence permit of any kind and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 654 #
Proposal for a regulation Article 9 – paragraph 2 2. The right to remain shall
Amendment 655 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 656 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 657 #
Proposal for a regulation Article 9 – paragraph 3 – introductory part 3. The responsible authorities of Member States
Amendment 658 #
Proposal for a regulation Article 9 – paragraph 3 – point a Amendment 659 #
Proposal for a regulation Article 9 – paragraph 3 – point a Amendment 660 #
Proposal for a regulation Article 9 – paragraph 3 – point a (a) a person makes a second or further subsequent application in accordance with Article 42
Amendment 661 #
Proposal for a regulation Article 9 – paragraph 3 – point б a (new) б (а) a person represents or becomes a threat to the Member State's national security or commits an offence.In such a case the person should be extradited immediately to his or her country of origin or transit.
Amendment 662 #
Proposal for a regulation Article 9 – paragraph 3 – point b a (new) (b a) a person poses risk to the internal security or public order of the Member State.
Amendment 663 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 664 #
Proposal for a regulation Article 9 – paragraph 4 4. A Member State may extradite or expel an applicant to a third country pursuant to paragraph 3(a) and (b) only where the determining authority is satisfied that an extradition or return decision will not result in direct or indirect refoulement in breach of the international and Union obligations of that Member State.
Amendment 665 #
Proposal for a regulation Article 9 – paragraph 4 4. A Member State may extradite an applicant to a third country pursuant to paragraph 3(b) only where the
Amendment 666 #
Proposal for a regulation Article 10 Amendment 667 #
Proposal for a regulation Article 10 Amendment 668 #
Proposal for a regulation Article 10 Amendment 669 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 670 #
Proposal for a regulation Article 10 – paragraph 1 1. Before a decision is taken by the determining authority on the admissibility of an application for international protection, the applicant shall be accorded the right to be heard and given the opportunity of an interview on the admissibility of his or her application.
Amendment 671 #
Proposal for a regulation Article 10 – paragraph 2 2. In the admissibility interview, the applicant shall be given an opportunity to provide adequate reasons as to why the admissibility grounds provided for in Article 36
Amendment 672 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2 a. National asylum authorities shall have the task of conducting admissibility interviews.Member States may not entrust other authorities with this task.
Amendment 673 #
Proposal for a regulation Article 11 – paragraph 1 1. Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be given the opportunity of a substantive interview on his or her application with a person empowered under national law to conduct such an interview.
Amendment 674 #
Proposal for a regulation Article 11 – paragraph 1 1. Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be accorded the right to be heard and given the opportunity of a substantive interview on his or her application.
Amendment 675 #
Proposal for a regulation Article 11 – paragraph 2 2. In the substantive interview, the applicant shall be given an adequate opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and he or she shall provide all the elements at his or her disposal as completely as possible.
Amendment 676 #
Proposal for a regulation Article 11 – paragraph 2 2. In the substantive interview, the applicant shall be given
Amendment 677 #
Proposal for a regulation Article 11 – paragraph 2 2. In the substantive interview, the applicant shall be given
Amendment 678 #
Proposal for a regulation Article 11 – paragraph 2 2. In the substantive interview, the applicant shall be given
Amendment 679 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 680 #
Proposal for a regulation Article 11 – paragraph 3 3. A person who conducts the substantive interview of an application
Amendment 681 #
Proposal for a regulation Article 11 – paragraph 3 3.
Amendment 682 #
Proposal for a regulation Article 11 – paragraph 3 3. A person who conducts the substantive interview of an application shall not wear a military
Amendment 683 #
Proposal for a regulation Article 12 – paragraph 1 1. The applicant shall be accorded the right to be heard and given an opportunity of a personal interview on his or her application in accordance with the conditions established in this Regulation.
Amendment 684 #
Proposal for a regulation Article 12 – paragraph 1 1. The applicant shall be given an opportunity of a personal interview on his or her application in accordance with the conditions established in this
Amendment 685 #
Proposal for a regulation Article 12 – paragraph 2 2. The personal interviews shall be conducted under conditions which ensure appropriate confidentiality and
Amendment 686 #
Proposal for a regulation Article 12 – paragraph 2 a (new) 2 a. The presence of the applicant's legal advisor or counsellor in accordance with Article 15(2)(b) shall be ensured.
Amendment 687 #
Proposal for a regulation Article 12 – paragraph 3 3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by
Amendment 688 #
Proposal for a regulation Article 12 – paragraph 3 3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by
Amendment 689 #
Proposal for a regulation Article 12 – paragraph 3 3. Personal interviews shall be conducted by the personnel of the determining authority
Amendment 690 #
Proposal for a regulation Article 12 – paragraph 3 3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by
Amendment 691 #
Proposal for a regulation Article 12 – paragraph 3 a (new) 3 a. The persons who conduct personal interviews on admissibility on applications or on substantive applications shall not wear a military or law enforcement uniform during those interviews.
Amendment 692 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 693 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 694 #
Proposal for a regulation Article 12 – paragraph 4 4. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant, the determining authority may be assisted by
Amendment 695 #
Proposal for a regulation Article 12 – paragraph 4 4. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant, the determining authority may be assisted by
Amendment 696 #
Proposal for a regulation Article 12 – paragraph 5 – subparagraph 1 – introductory part The personal
Amendment 697 #
Proposal for a regulation Article 12 – paragraph 5 – subparagraph 2 The absence of a personal interview pursuant to point (b) shall not adversely affect the decision of the determining authority. That authority shall give the applicant an effective opportunity to submit further information. When in doubt as to the condition of the applicant, the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature. If, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit to be interviewed.
Amendment 698 #
Proposal for a regulation Article 12 – paragraph 5 – subparagraph 2 The absence of a personal interview pursuant to point (b) shall not adversely affect the decision of the determining authority. That authority shall give the applicant an effective opportunity to submit further information. When in doubt as to the condition of the applicant, the determining authority
Amendment 699 #
Proposal for a regulation Article 12 – paragraph 6 6. 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
Amendment 700 #
Proposal for a regulation Article 12 – paragraph 6 6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application
Amendment 701 #
Proposal for a regulation Article 12 – paragraph 6 6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the
Amendment 702 #
Proposal for a regulation Article 12 – paragraph 6 6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant
Amendment 703 #
Proposal for a regulation Article 12 – paragraph 7 7. The personnel interviewing applicants, including experts deployed by the European Union Agency for Asylum,
Amendment 704 #
Proposal for a regulation Article 12 – paragraph 8 – subparagraph 1 An interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interview. Interpreters shall be competent to adequately translate statements related to personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, gender expression, sex characteristics and vulnerability, avoiding incorrect, stereotypical and derogatory expressions.The communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly.
Amendment 705 #
Proposal for a regulation Article 12 – paragraph 8 – subparagraph 2 Amendment 706 #
Proposal for a regulation Article 12 – paragraph 8 – subparagraph 2 Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant
Amendment 707 #
Proposal for a regulation Article 12 – paragraph 8 – subparagraph 2 Where requested by the applicant, the determining authority
Amendment 708 #
Proposal for a regulation Article 12 – paragraph 8 – subparagraph 2 Amendment 709 #
Proposal for a regulation Article 12 – paragraph 9 Amendment 710 #
Proposal for a regulation Article 12 – paragraph 9 9.
Amendment 711 #
Proposal for a regulation Article 12 – paragraph 9 9. The absence of a personal interview, omitted in accordance with paragraph 5, shall not prevent the determining authority from taking a decision on an application for international protection.
Amendment 712 #
Proposal for a regulation Article 13 – paragraph 1 1. The determining authority or
Amendment 713 #
Proposal for a regulation Article 13 – paragraph 1 1. The determining authority or any other authority or experts assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview. A copy of the report will be given to the applicant.
Amendment 714 #
Proposal for a regulation Article 13 – paragraph 1 1. The determining authority
Amendment 715 #
Proposal for a regulation Article 13 – paragraph 2 2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of the fact of such a recording and the purpose of that recording. However, where the applicant is a minor, the child's best interests shall be a primary consideration in deciding whether the personal interview is audio- visually recorded.
Amendment 716 #
Proposal for a regulation Article 13 – paragraph 2 2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of such recording and his or her consent shall be required.
Amendment 717 #
Proposal for a regulation Article 13 – paragraph 2 2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of and give his or her consent to such recording.
Amendment 718 #
Proposal for a regulation Article 13 – paragraph 2 2. The personal interview shall be recorded using audio
Amendment 719 #
Proposal for a regulation Article 13 – paragraph 3 Amendment 720 #
Proposal for a regulation Article 13 – paragraph 3 3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the report or in the transcript, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report or of the substantive elements of the transcript, with the assistance of an interpreter, where necessary. The applicant shall then be requested to confirm that the content of the report or the transcript correctly reflects the personal interview.
Amendment 721 #
Proposal for a regulation Article 13 – paragraph 3 3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings appearing in the report
Amendment 722 #
Proposal for a regulation Article 13 – paragraph 5 5.
Amendment 723 #
Proposal for a regulation Article 13 – paragraph 5 5. Applicants and their legal advisers
Amendment 724 #
Proposal for a regulation Article 13 – paragraph 6 Amendment 725 #
Proposal for a regulation Article 13 – paragraph 6 Amendment 726 #
Proposal for a regulation Article 13 – paragraph 6 6. Where the application is examined in accordance with the accelerated examination procedure, the determining authority may grant access to the report or the transcript of the recording
Amendment 727 #
Proposal for a regulation Article 13 – paragraph 6 6. Where the application is examined in accordance with the accelerated examination procedure, the determining authority may grant access to the report or the transcript of the recording
Amendment 728 #
Proposal for a regulation Article 13 – paragraph 7 7. The responsible authorities shall store either the recording or the transcript for ten years from the date of a final decision. The recording shall be erased upon expiry of that period
Amendment 729 #
Proposal for a regulation Article 13 – paragraph 7 7. The responsible authorities shall store either the recording or the transcript for
Amendment 730 #
Proposal for a regulation Article 13 – paragraph 7 7. The responsible authorities shall store
Amendment 731 #
Proposal for a regulation Article 13 – paragraph 7 7.
Amendment 732 #
Proposal for a regulation Article 13 – paragraph 7 7. The responsible authorities shall store either the recording or the transcript for t
Amendment 733 #
Proposal for a regulation Article 13 – paragraph 7 7. The responsible authorities shall store either the recording or the transcript for
Amendment 734 #
Proposal for a regulation Article 14 – paragraph 1 1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicant
Amendment 735 #
Proposal for a regulation Article 14 – paragraph 1 1. Applicants shall have the right to consult, in an effective manner, a legal adviser
Amendment 736 #
Proposal for a regulation Article 14 – paragraph 2 2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17.
Amendment 737 #
Proposal for a regulation Article 14 – paragraph 2 2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. The applicant shall
Amendment 738 #
Proposal for a regulation Article 14 – paragraph 2 2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. The applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure, and as soon as the wish to receive international protection has been declared.
Amendment 739 #
Proposal for a regulation Article 14 – paragraph 2 2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. The applicant shall be informed of his or her right to request free legal assistance and representation at
Amendment 740 #
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at a
Amendment 741 #
Proposal for a regulation Article 15 – paragraph 1 1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 742 #
Proposal for a regulation Article 15 – paragraph 1 1. Member States shall
Amendment 743 #
Proposal for a regulation Article 15 – paragraph 1 1. Member States shall, at the request of the applicant and as soon as possible after the application has been lodged, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 744 #
Proposal for a regulation Article 15 – paragraph 1 1. Member States shall, at the request of the applicant, provide free legal assistance and representation in the
Amendment 745 #
Proposal for a regulation Article 15 – paragraph 1 1. Member States shall, at the request of the applicant, provide free legal assistance and representation
Amendment 746 #
Proposal for a regulation Article 15 – paragraph 1 1. Member States
Amendment 747 #
Proposal for a regulation Article 15 – paragraph 1 1. Member States shall
Amendment 748 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 749 #
Proposal for a regulation Article 15 – paragraph 2 – introductory part 2. For the purposes of the a
Amendment 750 #
Proposal for a regulation Article 15 – paragraph 2 – point –a (new) (-a) assistance in preparing and lodging the application in accordance with Article 28;
Amendment 751 #
Proposal for a regulation Article 15 – paragraph 2 – point b (b) assistance in the preparation of the application and personal interview, including participation in the personal interview
Amendment 752 #
Proposal for a regulation Article 15 – paragraph 2 – point b (b) assistance in the preparation of the application and personal interview, including participation in the personal interview
Amendment 753 #
Proposal for a regulation Article 15 – paragraph 2 – point b (b) assistance in the preparation of the application and personal interview
Amendment 754 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 755 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 756 #
Proposal for a regulation Article 15 – paragraph 3 Amendment 757 #
Proposal for a regulation Article 15 – paragraph 3 – point b Amendment 758 #
Proposal for a regulation Article 15 – paragraph 3 – point b Amendment 759 #
Proposal for a regulation Article 15 – paragraph 3 – point b Amendment 760 #
(b)
Amendment 761 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 1 Amendment 762 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 1 – introductory part The provision of free legal assistance and representation in the appeal procedure
Amendment 763 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 1 – point b Amendment 764 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 1 – point b Amendment 765 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 1 – point b Amendment 766 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 1 – point b (b) the appeal is
Amendment 767 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 1 – point c (c) the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.
Amendment 768 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 2 Amendment 769 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 2 Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation. In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 770 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 2 Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision
Amendment 771 #
Proposal for a regulation Article 15 – paragraph 5 – subparagraph 2 Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal
Amendment 772 #
Proposal for a regulation Article 16 – paragraph 1 1. A legal adviser
Amendment 773 #
Proposal for a regulation Article 16 – paragraph 2 – subparagraph 1 Amendment 774 #
Proposal for a regulation Article 16 – paragraph 2 – subparagraph 1 – introductory part The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates
Amendment 775 #
Proposal for a regulation Article 16 – paragraph 2 – subparagraph 2 As regards point (b), the determining authority
Amendment 776 #
Proposal for a regulation Article 16 – paragraph 2 – subparagraph 2 As regards point (b), the determining authority shall, in particular, grant access to information or sources to a legal adviser
Amendment 777 #
Proposal for a regulation Article 16 – paragraph 3 3. The legal
Amendment 778 #
Proposal for a regulation Article 16 – paragraph 3 3. The legal adviser
Amendment 779 #
Proposal for a regulation Article 16 – paragraph 4 4. An applicant shall be allowed to bring to a personal interview a legal adviser
Amendment 780 #
Proposal for a regulation Article 16 – paragraph 5 5. The determining authority may require the presence of the applicant at the personal interview, even if he or she is represented under the terms of national law by a legal adviser
Amendment 781 #
Proposal for a regulation Article 16 – paragraph 6 6. Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant, provided that the applicant has been informed of his or her right to legal assistance and representation – including free legal assistance and representation where appropriate – and has chosen not to exercise that right.
Amendment 782 #
Proposal for a regulation Article 16 – paragraph 6 6.
Amendment 783 #
Proposal for a regulation Article 16 – paragraph 6 6. Without prejudice to Article 22(5), the absence of a legal adviser
Amendment 784 #
Proposal for a regulation Article 17 – paragraph 1 1. Free legal assistance and representation shall be provided by legal advisers
Amendment 785 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult. The applicant shall always be informed about these rules.
Amendment 786 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection
Amendment 787 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 788 #
Proposal for a regulation Article 17 – paragraph 3 3. Member States
Amendment 789 #
Proposal for a regulation Article 17 – paragraph 3 3. Member States may also impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits
Amendment 790 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 791 #
Proposal for a regulation Article 17 – paragraph 4 4. With due respect of the provisions of Article 14 Member States may end the provision of free legal assistance in accordance with Article 15(3)b and 15(5)b if and when the applicant’s financial situation considerably improves. Member States may request total or partial reimbursement of any costs made
Amendment 792 #
Proposal for a regulation Article 17 – paragraph 4 4. Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation
Amendment 793 #
Proposal for a regulation Article 17 – paragraph 4 4. Member States may request total or partial reimbursement of any costs made
Amendment 794 #
Proposal for a regulation Article 17 – paragraph 4 4. Member States may request total or partial reimbursement of any costs
Amendment 795 #
Proposal for a regulation Article 17 – paragraph 4 4. Member States
Amendment 796 #
Proposal for a regulation Article 18 Amendment 797 #
Proposal for a regulation Article 18 – title The role of the United Nations High Commissioner for Refugees and relevant NGOs
Amendment 798 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. Member States shall allow the United Nations High Commissioner for Refugees and relevant NGOs:
Amendment 799 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. Member States
Amendment 800 #
Proposal for a regulation Article 18 – paragraph 1 – point b (b) to have access to information on individual applications for international protection, on the course of the whole procedure and on the decisions taken, subject to the consent of the applicant;
Amendment 801 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 803 #
Proposal for a regulation Article 19 – title Applicants in need of speci
Amendment 804 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 The determining authority shall systematically and as early as possible after the application has been made assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article
Amendment 805 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 The determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed. That assessment
Amendment 806 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 The determining authority shall systematically assess whether an individual
Amendment 807 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 2 For the purpose of that assessment, the determining authority shall respect the general principles for the assessment of speci
Amendment 808 #
Proposal for a regulation Article 19 – paragraph 2 2. Where applicants have been identified as applicants in need of special procedural guarantees, they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this
Amendment 809 #
Proposal for a regulation Article 19 – paragraph 2 2. Where applicants have been identified as applicants in need of speci
Amendment 810 #
Proposal for a regulation Article 19 – paragraph 3 3.
Amendment 811 #
Proposal for a regulation Article 19 – paragraph 3 3. Where
Amendment 812 #
Proposal for a regulation Article 19 – paragraph 3 3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41,
Amendment 813 #
Proposal for a regulation Article 19 – paragraph 3 3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of speci
Amendment 814 #
Proposal for a regulation Article 19 – paragraph 4 Amendment 815 #
Proposal for a regulation Article 19 – paragraph 4 4. The Commission may specify the details and specific measures for assessing and addressing the speci
Amendment 816 #
Proposal for a regulation Article 19 – paragraph 4 4. The Commission
Amendment 817 #
Proposal for a regulation Article 19 – paragraph 4 4. The Commission
Amendment 818 #
Proposal for a regulation Article 20 – title General principles for the assessment of speci
Amendment 819 #
Proposal for a regulation Article 20 – paragraph 1 1. The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.
Amendment 820 #
Proposal for a regulation Article 20 – paragraph 1 1. The process of identifying applicants with speci
Amendment 821 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 1 The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents
Amendment 822 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 1 The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents first indications of vulnerability which may require speci
Amendment 823 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 2 The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees and the applicant's observations on the need to benefit from special procedural support.
Amendment 824 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 2 The information that an applicant presents
Amendment 825 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 2 The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require speci
Amendment 826 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 3 Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect first signs of vulnerability of applicants that could require speci
Amendment 827 #
Proposal for a regulation Article 20 – paragraph 2 – subparagraph 3 Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect
Amendment 828 #
Proposal for a regulation Article 20 – paragraph 3 – subparagraph 1 Whe
Amendment 829 #
Proposal for a regulation Article 20 – paragraph 3 – subparagraph 1 Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
Amendment 830 #
Proposal for a regulation Article 20 – paragraph 3 – subparagraph 3 Amendment 831 #
Proposal for a regulation Article 20 – paragraph 4 4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, or if the applicant expresses a reasoned request to have his or her special procedural needs reassessed, without having to restart the procedure for international protection.
Amendment 832 #
Proposal for a regulation Article 20 – paragraph 4 4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article
Amendment 833 #
Proposal for a regulation Article 20 – paragraph 4 4. The responsible authorities shall address the need for speci
Amendment 834 #
Proposal for a regulation Article 21 – paragraph 1 1. The best interests of the child shall be a primary consideration for Member States when applying this
Amendment 835 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the
Amendment 836 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child or when the minor is at such an early age that a personal interview would not be meaningful. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 837 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 The determining authority shall ensure minors' right to be heard and provide a minor the opportunity of a personal
Amendment 838 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 The determining authority shall provide a minor the opportunity of a personal interview under conditions suitable to him or her, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 839 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 The determining authority shall provide a minor with
Amendment 840 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is
Amendment 841 #
Any such personal interview shall be conducted
Amendment 842 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 2 Any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and speci
Amendment 843 #
Proposal for a regulation Article 21 – paragraph 3 3. The decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and speci
Amendment 844 #
Proposal for a regulation Article 21 – paragraph 3 3. The decision on the application of a minor shall be
Amendment 845 #
Proposal for a regulation Article 21 – paragraph 3 a (new) 3 a. In assessing the best interests of the child the determining authority shall, in particular, take due account of the following factors a) 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; b) 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 trafficking in human beings; c) the views of the minor, in accordance with his or her age and maturity. d) the information provided by the guardian in the Member State where the minor is present.
Amendment 846 #
Proposal for a regulation Article 22 – title Speci
Amendment 847 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 1. The responsible authorities shall, as soon as possible after the arrival on the territory of the Union and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.
Amendment 848 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 The responsible authorities shall, as soon as possible a
Amendment 849 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 The responsible authorities shall, as soon as possible and not later than five
Amendment 850 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 The responsible authorities shall,
Amendment 851 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 The responsible authorities shall, as soon as possible and not later than
Amendment 852 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 The responsible authorities shall, as soon as possible and not later than five
Amendment 853 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 2 Amendment 854 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 2 Where an organisation is appointed as a representative, it shall designate a person
Amendment 855 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 3 The determining authority shall inform the unaccompanied minor
Amendment 856 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 3 a (new) Procedural time limits shall not start before the appointment of a guardian
Amendment 857 #
2. The determining authority shall inform the guardian of all relevant facts, procedural steps and time-limits pertaining to the unaccompanied minor. The guardian shall further have access to the content of the relevant documents in the applicants file including the specific information materials for unaccompanied minors.
Amendment 858 #
Proposal for a regulation Article 22 – paragraph 2 2. The determining authority shall inform the guardian and the minor of all relevant facts, procedural steps and time- limits pertaining to the unaccompanied minor.
Amendment 859 #
Proposal for a regulation Article 22 – paragraph 3 – point a (a) represent and assist the unaccompanied minor during the procedures provided for in this
Amendment 860 #
Proposal for a regulation Article 22 – paragraph 3 – point b (b) enable the unaccompanied minor to benefit from the rights and comply with the obligations under this
Amendment 861 #
Proposal for a regulation Article 22 – paragraph 4 – subparagraph 1 The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary
Amendment 862 #
Proposal for a regulation Article 22 – paragraph 4 – subparagraph 1 The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise, and shall not have a
Amendment 863 #
Proposal for a regulation Article 22 – paragraph 4 – subparagraph 1 The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the
Amendment 864 #
Proposal for a regulation Article 22 – paragraph 4 – subparagraph 2 The person acting as guardian shall be changed only when the responsible authorities consider that he or she has not adequately performed his or her tasks as a guardian.
Amendment 865 #
Proposal for a regulation Article 22 – paragraph 5 – subparagraph 1 The responsible authorities shall
Amendment 866 #
Proposal for a regulation Article 22 – paragraph 5 – subparagraph 1 The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively, and in any case of no more than 20.
Amendment 867 #
Proposal for a regulation Article 22 – paragraph 5 – subparagraph 1 The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, and in any event no more than 20, which would render him or her unable to perform his or her tasks effectively.
Amendment 868 #
Proposal for a regulation Article 22 – paragraph 5 – subparagraph 1 The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors, and in any event no more than 10, at the same time
Amendment 869 #
Proposal for a regulation Article 22 – paragraph 5 – subparagraph 1 The responsible authorities shall
Amendment 870 #
Proposal for a regulation Article 22 – paragraph 5 – subparagraph 2 Member States shall appoint entities or persons responsible for
Amendment 871 #
Proposal for a regulation Article 22 – paragraph 5 – subparagraph 2 Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian. Unaccompanied minors shall be informed, in a child-friendly manner and in a language that they understand, about who these entities or persons are and which are the grievance mechanisms in place to report complaints against their guardians in confidence and safety.
Amendment 872 #
Proposal for a regulation Article 22 – paragraph 5 – subparagraph 2 a (new) The responsible entities or persons shall assess the performance of the guardian within the first month after his/her appointment, and regularly thereafter.
Amendment 873 #
Proposal for a regulation Article 22 – paragraph 6 6. The guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, about how to prepare himself or herself for the personal interview. The guardian and
Amendment 875 #
Proposal for a regulation Article 23 – paragraph 1 1.
Amendment 876 #
Proposal for a regulation Article 23 – paragraph 2 2. The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who
Amendment 877 #
Proposal for a regulation Article 23 – paragraph 2 2. The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be
Amendment 878 #
Proposal for a regulation Article 23 – paragraph 2 2. The medical and psychological examination shall be carried out by qualified
Amendment 879 #
Proposal for a regulation Article 23 – paragraph 2 2. The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be
Amendment 880 #
Proposal for a regulation Article 23 – paragraph 3 Amendment 881 #
4. The results of the medical examination shall be submitted to the determining authority and to the applicant as soon as possible and shall be assessed by the determining authority along with the other elements of the application.
Amendment 882 #
Proposal for a regulation Article 23 – paragraph 5 5.
Amendment 883 #
Proposal for a regulation Article 24 – title Medical and psychosocial examination of unaccompanied minors
Amendment 884 #
Proposal for a regulation Article 24 – title Amendment 885 #
Proposal for a regulation Article 24 – title Amendment 886 #
Proposal for a regulation Article 24 – paragraph 1 1. Medical examinations may be used, as a measure of last resort, to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are grounds for serious doubt
Amendment 887 #
Proposal for a regulation Article 24 – paragraph 1 1.
Amendment 888 #
Proposal for a regulation Article 24 – paragraph 1 1. Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18.
Amendment 889 #
Proposal for a regulation Article 24 – paragraph 1 1. Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor. The applicant has the right to an effective remedy against the decision on the age assessment.
Amendment 890 #
Proposal for a regulation Article 24 – paragraph 1 1. Medical examinations
Amendment 891 #
Proposal for a regulation Article 24 – paragraph 1 1. Medical examinations may, as a standard procedure, be used to determine the age of
Amendment 892 #
Proposal for a regulation Article 24 – paragraph 1 1.
Amendment 893 #
Proposal for a regulation Article 24 – paragraph 1 1.
Amendment 894 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1 a. Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application. Where, taking into account the margin of error of the method employed - the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 895 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1 a. Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application.Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 896 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1 a. Any Medical examinations pursuant to paragraph 1 shall be based on scientifically proven methods
Amendment 897 #
Proposal for a regulation Article 24 – paragraph 2 2. The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent
Amendment 898 #
Proposal for a regulation Article 24 – paragraph 2 2. The medical examination to determine the age of
Amendment 899 #
Proposal for a regulation Article 24 – paragraph 2 a (new) 2 a. In extraordinary circumstances, as a last resort, medical examinations may be enforced.
Amendment 900 #
Proposal for a regulation Article 24 – paragraph 3 3. Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible, specifying in writing the margin of error of the method used. Medical examination shall always be used as a last resource, and the determining authority shall explain in writing the reasons for it. If a medical examination has been performed, all documents relating to the medical examination shall be included in the applicant's file.
Amendment 901 #
Proposal for a regulation Article 24 – paragraph 3 3. Any medical examination shall be performed with full respect for the individual
Amendment 902 #
Proposal for a regulation Article 24 – paragraph 3 3. Any medical examination shall be performed with full respect for the individual’s dignity
Amendment 903 #
Proposal for a regulation Article 24 – paragraph 4 4.
Amendment 904 #
Proposal for a regulation Article 24 – paragraph 4 4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they
Amendment 905 #
Proposal for a regulation Article 24 – paragraph 4 4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they
Amendment 906 #
4.
Amendment 907 #
Proposal for a regulation Article 24 – paragraph 4 4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, and where possible using simple language, of the possibility that their age be determined by medical examination. This shall include information on the method of examination
Amendment 908 #
Proposal for a regulation Article 24 – paragraph 4 4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand
Amendment 909 #
Proposal for a regulation Article 24 – paragraph 4 4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they
Amendment 910 #
Proposal for a regulation Article 24 – paragraph 4 a (new) 4 a. Where medical examinations are used to determine the age of accompanied minors, the determining authority shall ensure that the accompanying adult family members are informed, prior to the examination of the minor's application for international protection, and in a language that they understand or are reasonably meant to understand, and if possible using simple language, of the possibility that the age of the accompanied minor be determined by medical examination.This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the accompanying adult family members for the minor to undergo the medical examination.
Amendment 911 #
Proposal for a regulation Article 24 – paragraph 5 Amendment 912 #
Proposal for a regulation Article 24 – paragraph 5 5. The refusal by the unaccompanied minors or their guardians, respectively by the accompanying family members to carry out the medical examination
Amendment 913 #
Proposal for a regulation Article 24 – paragraph 5 5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may
Amendment 914 #
Proposal for a regulation Article 24 – paragraph 5 5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may
Amendment 915 #
Proposal for a regulation Article 24 – paragraph 5 5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not
Amendment 916 #
Proposal for a regulation Article 24 – paragraph 5 a (new) 5 a. Unaccompanied minors shall be granted the right to an effective remedy against a decision determining their age.
Amendment 917 #
Proposal for a regulation Article 24 – paragraph 6 Amendment 918 #
Proposal for a regulation Article 24 – paragraph 6 6. A Member State
Amendment 919 #
Proposal for a regulation Article 25 – title Making and registering an application for international protection
Amendment 920 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection to
Amendment 921 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection orally or in written form or asks not to be deported or returned to a third country because of fear of persecution or risk of serious harm to officials of the determining authority or other authorities referred to in Article 5(3) or (4).
Amendment 922 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1 An application for international protection shall be considered as made when a third- country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in Article 5(3) or (4).
Amendment 923 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 Amendment 924 #
Proposal for a regulation Article 25 – paragraph 2 a (new) Amendment 925 #
Proposal for a regulation Article 26 Amendment 926 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) inform the applicants in a language they can understand of their rights and obligations set out, in particular, in Articles 27, 28 and 31 as regards the
Amendment 927 #
Proposal for a regulation Article 26 – paragraph 2 2. The Commission
Amendment 928 #
Proposal for a regulation Article 27 Amendment 929 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – introductory part The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than t
Amendment 930 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – introductory part The authorities responsible for receiving and registering applications for international protection shall register an
Amendment 931 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – point a (a) the name, date of birth, gender, nationality and other personal details of the applicant, including, where relevant, the gender identity of the applicant;
Amendment 932 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – point a (a) the name, date of birth, gender, nationality
Amendment 933 #
(a) the name, date of birth, gender, nationality
Amendment 934 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – point a a (new) (a a) other personal details of the applicant such as family status and health;
Amendment 935 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – point b (b) the type and number of any identity or travel document of the applicant if available;
Amendment 936 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 a (new) The determining Member State shall conduct a thorough security verification of each applicant as soon as possible following the registration of an application.
Amendment 937 #
Proposal for a regulation Article 27 – paragraph 1 a (new) 1 a. Where an individual claims not to have a nationality this should be clearly registered, and the individual referred to a dedicated statelessness identification mechanism for confirmation of this status at an appropriate juncture.
Amendment 938 #
Proposal for a regulation Article 27 – paragraph 2 2. Where the information is collected by the determining authority or by another
Amendment 939 #
Proposal for a regulation Article 27 – paragraph 3 3. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to
Amendment 940 #
Proposal for a regulation Article 27 – paragraph 3 3. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to
Amendment 941 #
Proposal for a regulation Article 27 – paragraph 4 4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period
Amendment 942 #
Proposal for a regulation Article 27 – paragraph 4 4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for
Amendment 943 #
Proposal for a regulation Article 27 – paragraph 4 4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon
Amendment 944 #
Proposal for a regulation Article 27 – paragraph 4 4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for
Amendment 945 #
Proposal for a regulation Article 27 – paragraph 4 4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for t
Amendment 946 #
Proposal for a regulation Article 28 – paragraph 1 1. The applicant shall lodge the application within
Amendment 947 #
Proposal for a regulation Article 28 – paragraph 1 1. The applicant shall lodge the application within twenty working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit., including access to translators and interpreters, and legal counsel.
Amendment 948 #
Proposal for a regulation Article 28 – paragraph 1 1. The applicant shall lodge the application within twenty working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.
Amendment 949 #
Proposal for a regulation Article 28 – paragraph 1 1. The applicant shall lodge the application within
Amendment 950 #
Proposal for a regulation Article 28 – paragraph 1 1. The applicant shall lodge the application within
Amendment 951 #
Proposal for a regulation Article 28 – paragraph 1 1. The applicant shall lodge the application within
Amendment 952 #
Proposal for a regulation Article 28 – paragraph 1 1. The applicant shall lodge the application within
Amendment 953 #
Proposal for a regulation Article 28 – paragraph 2 2. The authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time-limit established in paragraph 1. In accordance with Article 14(1), the applicant shall have the right to legal assistance and representation to prepare the lodging of his or her application and shall be informed of that right, including the right to free legal assistance and representation where appropriate. Where free legal assistance is requested, the time limit for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor.
Amendment 954 #
Proposal for a regulation Article 28 – paragraph 3 3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time- limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than
Amendment 955 #
Proposal for a regulation Article 28 – paragraph 3 3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time-
Amendment 956 #
Proposal for a regulation Article 28 – paragraph 3 3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time- limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application
Amendment 957 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 1 When lodging an application, applicants
Amendment 958 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 1 When lodging an application, applicants are required to submit all the elements in their possession referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
Amendment 959 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 1 When lodging an application, applicants are required to submit all the elements referred to in Article 4(
Amendment 960 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 2 The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application
Amendment 961 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 2 The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application
Amendment 962 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 2 The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward
Amendment 963 #
Proposal for a regulation Article 28 – paragraph 5 5. The applications for international protection shall be lodged in person and at a designated place. For that purpose, when the application is registered, the applicant shall be given an appointment with the authorities competent for the lodging of the application. The date of such appointment shall be set not earlier than ten working days from the date when the application is registered, unless the consent of the applicant is provided after receiving appropriate information on the obligation to lodge the application and the right to legal assistance and representation.
Amendment 964 #
Proposal for a regulation Article 28 – paragraph 5 5. The applications for international protection shall be lodged in person and at a designated place. The applicant will be able to lodge the application accompanied by an interpreter and/or a legal advisor. For that purpose, when the application is registered, the applicant
Amendment 965 #
Proposal for a regulation Article 28 – paragraph 6 6. The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period
Amendment 966 #
Proposal for a regulation Article 28 – paragraph 6 6. The responsible authorities shall store the data referred to in paragraph 4 for
Amendment 967 #
Proposal for a regulation Article 28 – paragraph 6 6. The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon
Amendment 968 #
Proposal for a regulation Article 28 – paragraph 6 6. The responsible authorities shall store the data referred to in paragraph 4 for
Amendment 969 #
Proposal for a regulation Article 28 – paragraph 6 6. The responsible authorities shall store the data referred to in paragraph 4 for t
Amendment 970 #
Proposal for a regulation Article 29 – paragraph 1 1. The authorities of the Member State where an application for international protection is made shall, at the latest upon registration, provide the applicant with a document
Amendment 971 #
Proposal for a regulation Article 29 – paragraph 1 1. The authorities of the Member State where an application for international protection is made shall, upon registration, provide the applicant with a document certifying, in particular, that an application has been made and stating that the applicant may remain on the territory of that Member State for the purposes of lodging his or her application as provided for in this
Amendment 972 #
Proposal for a regulation Article 29 – paragraph 1 – point a (new) (a) stating the identity of the applicant by including at least the data referred to in Article 27(1)(a) and (b), verified and updated where necessary, as well as a facial image of the applicant, signature and current place of residence;
Amendment 973 #
Proposal for a regulation Article 29 – paragraph 1 – point b (new) (b) stating the issuing authority, date and place of issue and period of validity of the document;
Amendment 974 #
Proposal for a regulation Article 29 – paragraph 1 – point c (new) (c) certifying the status of the individual as an applicant;
Amendment 975 #
Proposal for a regulation Article 29 – paragraph 1 – point d (new) (d) stating that the applicant has the right to remain on the territory of that Member State and indicating whether the applicant is free to move within all or part of the territory of that Member State;
Amendment 976 #
Proposal for a regulation Article 29 – paragraph 1 – point e (new) (e) stating that the document is not a valid travel document and indicating that the applicant is not allowed to travel without authorisation to the territory of other Member States until the procedure for the determination of the Member State responsible for the examination of the application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation) has taken place;
Amendment 977 #
Proposal for a regulation Article 29 – paragraph 1 – point f (new) (f) stating whether the applicant has permission to take up gainful employment.
Amendment 978 #
Proposal for a regulation Article 29 – paragraph 2 Amendment 979 #
Proposal for a regulation Article 29 – paragraph 2 – point d (d) stating that the applicant has the right to remain on the territory of that Member State and indicating
Amendment 980 #
Proposal for a regulation Article 29 – paragraph 2 – point e (e) stating that the document is not a valid travel document and indicating that the applicant
Amendment 981 #
Proposal for a regulation Article 29 – paragraph 2 – point f (f) stating
Amendment 982 #
Proposal for a regulation Article 29 – paragraph 2 – point f a (new) Amendment 983 #
Proposal for a regulation Article 29 – paragraph 3 Amendment 984 #
Proposal for a regulation Article 29 – paragraph 3 3. Where, following a procedure of determination in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), another Member State is designated as responsible for the examination of the application, the authorities of that Member State shall
Amendment 985 #
Proposal for a regulation Article 29 – paragraph 3 a (new) 3 a. The determining authority shall provide the applicant with a document certifying that an application has been lodged in accordance with Article 28 and listing the elements submitted by the applicant, upon lodging the application.
Amendment 986 #
Proposal for a regulation Article 29 – paragraph 4 – subparagraph 1 The document referred to in paragraph 2 shall be valid for a period of six months
Amendment 987 #
Proposal for a regulation Article 29 – paragraph 4 – subparagraph 1 The document referred to in paragraph 2 shall be valid for a period of
Amendment 988 #
Proposal for a regulation Article 29 – paragraph 4 – subparagraph 1 The document referred to in paragraph
Amendment 989 #
Proposal for a regulation Article 29 – paragraph 4 – subparagraph 1 The document referred to in paragraph 2 shall be valid for a period of
Amendment 990 #
Proposal for a regulation Article 29 – paragraph 4 – subparagraph 1 The document referred to in paragraph 2 shall be valid for a period of
Amendment 991 #
Proposal for a regulation Article 29 – paragraph 4 – subparagraph 2 The period of validity indicated on the document
Amendment 992 #
Proposal for a regulation Article 29 – paragraph 5 5. The Commission
Amendment 993 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1.
Amendment 994 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1. Where there are indications, including information from NGOs, that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible
Amendment 995 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1.
Amendment 996 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1.
Amendment 997 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part Amendment 998 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1.
Amendment 999 #
Proposal for a regulation Article 30 – paragraph 1 – introductory part 1. Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection
source: 607.800
2021/10/13
LIBE
63 amendments...
Amendment 1 #
Proposal for a regulation Recital 17 (17) Applicants who are identified as being in need of speci
Amendment 10 #
Proposal for a regulation Recital 40c (40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to
Amendment 11 #
Proposal for a regulation Recital 40c a (new) (40ca) The effective return of irregular migrants within the 12 weeks time-limit is an important component of a well functioning border procedure. To that end, Member States should improve and strengthen the cooperation with third- countries as regards return, readmission and reintegration, and should rely on the mechanism under Article 7 of the Asylum and Migration Management Regulation [Regulation XXX/XXX/EU], with a view to including all relevant Union policies and tools and to improving the coordination of the different actions in various policy areas other than migration policy that the Union and the Member States can take for that purpose .
Amendment 12 #
Proposal for a regulation Recital 40d (40d)
Amendment 13 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the
Amendment 14 #
Proposal for a regulation Recital 40f (40f) While the border procedure for the examination of an application for international protection can be applied without recourse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX, in
Amendment 15 #
Proposal for a regulation Recital 40f a (new) (40fa) With a view to avoiding the deprivation of liberty where less stringent measures might be applicable, Member States should be able to restrict applicants’ freedom of movement as provided in the [Reception Conditions] Directive (EU) XXX/XXX, or should have recourse to other alternatives to detention. Such alternatives should be available both in law and fact at national level and may be provided, in particular, for applicants with special reception needs, in particular for minors, families or other vulnerable persons. The Commission should identify best practice, and should support Member States in the implementation of alternatives to detention in the context of the border procedure. The Commission should consult stakeholders with expertise in that field, such as Union bodies, offices and agencies, the European Migration Network, the Steering Committe for Human Rights of the Council of Europe, the United Nations High Commissioner for Refugees, the International Organisation for Migration or non- government organisations.
Amendment 16 #
Proposal for a regulation Recital 40h (40h) When applying the border procedure for carrying out return, certain provisions of the [recast Return Directive] should apply as these regulate elements of the return procedure that are not determined by this Regulation, notably those on definitions, more favourable provisions, non-refoulement, best interests of the child, family life and state of health, risk of absconding, obligation to cooperate, period for voluntary departure, return decision, removal, postponement of removal, return and removal of unaccompanied minors, entry bans, safeguards pending return, detention, conditions of detention, detention of minors and families and emergency situations.
Amendment 17 #
Proposal for a regulation Recital 40h a (new) (40ha) Where the conditions under Union law are met, the recourse to voluntary return should be supported in the border procedure to encourage the use of an approach centered around cooperation between third-country nationals and competent authorities. Third country nationals should be duly informed as to the conditions and benefits of voluntary return as early as possible, including at the beginning of the pre-entry phase. To reduce the risk of unauthorised entry and movement of illegally staying third- country nationals subject to the border procedure for carrying out return, a period for voluntary departure not exceeding 20 days may be granted to illegally staying third-country nationals, without prejudice to the possibility to voluntarily comply with the obligation to return at any moment. On the basis of the communication of the Commission of 27 April 2021 entiled ‘EU strategy on voluntary return and reintegration’, Member States should develop programmes for voluntary return and reintegration in the border procedure. Those programmes place a strong emphasis on cooperation with countries of orign with a view to developing sustainable reintegration policies and programmes for third-countries nationals which take into account the economic and social impacts on home communities, and ensure the involvement and cooperation of all stakeholders.
Amendment 18 #
Proposal for a regulation Recital 40h b (new) (40hb) With a view to ensuring that a fair and efficient border procedure for carrying out return is implemented at all times, Member Sates should be able to request the support of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should provide, within its mandate, quick and qualitative assistance to complete a wide range of tasks at all stages of the border procedure. For example, the European Border and Coast Guard should be able to complement the resources of the competent authorities by providing returns experts, supporting the coordination of forced and voluntary returns, organising joint return operations, facilitating the exchange of information between Member States on returnees, supporting the identification of third-country nationals and the acquisition of travel documents and monitoring return operations at all stages.
Amendment 19 #
Proposal for a regulation Recital 40k (new) (40k) The border procedure should be carried out in full compliance with the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Union law. The proper functioning of the border procedure inherently depends on the availability of adequate and qualified staff at all stages of the procedure. In order to ensure that border procedures are fair and efficient and that reception conditions are appropriate, the competent authorities should, in all circumstances, allocate qualified and well-trained staff according to needs at the relevant locations. Member States should seek, where necessary, support from Union bodies, offices and agencies, international organisations and non-governmental organisations. The Commission should also assist the competent authorities in planning the allocation of qualified staff, with a view to ensuring a level playing field in all Member States.
Amendment 2 #
Proposal for a regulation Recital 30 a (new) (30a) In order to provide Member States located at the external border of the Union with solidarity and to guarantee a level playing field in the Union, facilities used for the purpose of the border procedure should be entirely funded under Regulation (EU) 2021/1147 of the European Parliament and of the Council1a. That should include the construction, running and renovation of current and future facilities, in the conditions provided in Directive XXX/XXX/EU [Reception Conditions Directive recast]. ________________ 1aRegulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251, 15.7.2021, p. 1).
Amendment 20 #
Proposal for a regulation Recital 40l (new) (40l) Given the variety of authorities and stakeholders involved in the border procedure, it is essential that Member States cooperate in a continuous and efficient manner with one another, for example by issuing negative asylum decisions and return decisions together and at the same time. In the implementation of the border procedure, competent authorities should therefore set up a clear and strong cooperation structure in the border procedure, including in terms of sharing competences and responsibilities or the exchange of information. Union bodies, offices and agencies should analyse and share best practice in order to assist Member States with that objective.
Amendment 21 #
Proposal for a regulation Recital 40m (new) (40m) Union bodies, offices and agencies should strongly support Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation, in particular its provisions related to the accelerated examination procedure, the border procedure for the examination of applications for international protection and the border procedure for carrying out return. In particular, the European Union Agency for Asylum, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights should play a central role in the application of this Regulation, and should, to that end, exploit the entire potential and scope of their competence. Such activities could include providing analysis and expertise, supplying operational support to competent authorities or conducting monitoring and evaluation missions.
Amendment 22 #
Proposal for a regulation Recital 40n (new) (40n) Given the variation of migration flows arriving at the various entry points at the external borders of the Union, Union bodies, offices and agencies shoud be able to provide rapid and tailored support to competent authorities at the request of a Member State.
Amendment 23 #
Proposal for a regulation Recital 40o (new) (40o) Union bodies, offices and agencies should respond to a Member State’s request for rapid and tailered support or should be be able to propose support on their own initiative to a specific Member State where deemed necessary. Where a Union body, office or agency deems it necessary to propose support to a specific Member State, that Member State should take due account of that proposal and should be able to accept, amend or reject it.
Amendment 24 #
Proposal for a regulation Recital 66c (66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and
Amendment 25 #
Proposal for a regulation Recital 66e (new) (66e) The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. In particular, the Commission should set up an independent monitoring mechanism to check and investigate any allegation of non-respect of fundamental rights in relation to the border procedure. That monitoring mechanism should cover procedural and fundamental rights, reception conditions and the application of detention and alternatives to detention.
Amendment 26 #
Proposal for a regulation Article 35a – paragraph 1 Where an application is rejected as inadmissible, unfounded or manifestly
Amendment 27 #
Proposal for a regulation Article 40 – paragraph 1 – point i (i) the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless: (i) on the basis of guidance notes developed by the European Union Agency for Asylum in accordance with Article 11 of Regulation (EU) No XXX/XXX (EU Asylum Agency), the Commission determines, by means of an implementing act, that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, or (ii) the relevant competent authority determines that the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs
Amendment 28 #
Proposal for a regulation Article 40 – paragraph 5 – point c (c) the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless (i) on the basis of guidance notes developed by the European Union Agency for Asylum in accordance with Article 11 of Regulation (EU) No XXX/XXX (EU Asylum Agency), the Commission determines, by means of an implementing act, that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data; or (ii) the relevant competent authority determines that the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs
Amendment 29 #
Proposal for a regulation Article 40 – paragraph 6 (new) 6. Competent authorities, with the support of all actors involved in the border procedure, shall seek to enhance the cooperation of third-country nationals at all stages of the border procedure.
Amendment 3 #
Proposal for a regulation Recital 31a (31a) In order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. A return decision should immediately be issued to applicants whose applications are rejected. Where more than one authority is involved in the issuance of negative decisions on applications for international protection and of return decisions, those authorities should coordinate with one another in order to ensure that negative decisions and return decisions are issued at the same time. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for international protection or, if it is a separate act, be issued at the same time and together with the negative decision.
Amendment 30 #
1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], where applicable, and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State may examine an application in a border procedure where that application has been made by a third- country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:
Amendment 31 #
Proposal for a regulation Article 41 – paragraph 1 – point b (b) following the apprehension
Amendment 32 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 33 #
Proposal for a regulation Article 41 – paragraph 5 5. The border procedure may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b). The best interests of the child and the safeguards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast], in particular Articles 11, 12, 13, 14, 20, 21, 22 and 23, shall be a primary consideration for the competent authorities in the application of this paragraph.
Amendment 34 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 9 and 11. In accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast], a Member State shall not decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures.
Amendment 35 #
Proposal for a regulation Article 41 – paragraph 6 a (new) 6a. Member States shall take proportionate measures to ensure that applicants in the border procedure remain in the locations designated in accordance with Article 41(13) and (14).
Amendment 36 #
Proposal for a regulation Article 41 – paragraph 6 b (new) 6b. In accordance with Article 8(2) of Directive XXX/XXX/EU [Reception Conditions Directive recast] and Directive XXX/XXX/EU [Return Directive recast], Member States may hold an applicant in detention as part of the border procedure provided that it proves necessary following an individual assessment of that applicant’s case and that other less coercive alternative measures cannot be applied effectively. The decision to hold an applicant in detention shall be made by a judge, and the detention period shall be proportionate and terminated as soon as the grounds for it no longer apply. In accordance with Article 7 of Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States may restrict applicants’ freedom of movement in order to process applications in the border procedure. Member States shall use the alternatives to detention laid down in their national law in accordance with Article 8(4) of Directive XXX/XXX/EU [Reception Conditions Directive recast] that are effectively available where the grounds for detention apply, in particular for specific groups such as minors or families.
Amendment 37 #
Proposal for a regulation Article 41 – paragraph 6 c (new) 6c. By ... [six months after the date of entry into force of this Regulation], the Commission shall request the European Union Agency for Asylum, in accordance with Article 13(2) of Regulation (EU) No XXX/XXX (EU Asylum Agency), to develop guidelines on different practices as regards alternatives to detention that could be used in the context of a border procedure. The guidelines referred to in the first subparagraph shall specify the conditions for applying alternatives to detention, and shall aim to address the situation and needs of different categories of applicants, such as women, minors, unaccompanied minors or families. Those guidelines shall seek to enhance trust-building with applicants and ensure they engage and comply with the border procedure.
Amendment 38 #
Proposal for a regulation Article 41 – paragraph 6 d (new) 6d. By ... [18 months after the entry into force of this Regulation], the Commission shall evaluate the application of paragraph 6c.
Amendment 39 #
Proposal for a regulation Article 41 – paragraph 7 7. When applying the border procedure to an applicant for international protection, Member States
Amendment 4 #
Proposal for a regulation Recital 39a (39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country.
Amendment 40 #
Proposal for a regulation Article 41 – paragraph 7 a (new) 7a. By way of exception to Article 29(1) and (2) and Article 30(1), (2) and (7) of Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], where a Member State in which an application for international protection has been registered in the context of the pre-entry phase considers that another Member State is responsible for examining that application, it shall without delay and in any event within three weeks of the date on which the application was registered, request that other Member State to take charge of the applicant. The requested Member State shall carry out the necessary checks, and shall decide on the request to take charge of an applicant within one week of receipt of the request.
Amendment 41 #
Proposal for a regulation Article 41 – paragraph 9 –subparagraph 2 In such cases, the competent authority shall authorise the applicant to enter the territory of the Member State. Member States shall regularly monitor the application of the first subparagraph. Member States may request support from Union bodies, offices and agencies for that purpose. The Commission shall regularly assess the application of this paragraph, with the support of the European Union Agency for Asylum, and shall report the conclusions of its assessment to the European Parliament and to the Council on a yearly basis.
Amendment 42 #
Proposal for a regulation Article 41 – paragraph 10 10. By way of derogation from Article 28 of this Regulation, applications subject to a border procedure shall be lodged no later than five working days from registration for the first time or, following a relocation in accordance with Article [x] of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], five working days from when the applicant arrives in the Member State responsible following a transfer pursuant to Article 56(1), point (e), of that Regulation provided that he or she is given an effective opportunity to do so within these time-limits.
Amendment 43 #
Proposal for a regulation Article 41 – paragraph 11 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. Individual procedural rights as provided in this Regulation, such as access to information, legal assistance and representation and interpretation, shall be effectivelly guaranteed during the entire border procedure. Member States shall ensure that staff are allocated appropriately and that there is efficient coordination between the different actors and authorities in the border procedure, in accordance with Articles 41b and 41c. It shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. Following that period, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicable.
Amendment 44 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications subject to a border procedure, the
Amendment 45 #
Proposal for a regulation Article 41 – paragraph 14 14. In situations where, on the
Amendment 46 #
Proposal for a regulation Article 41a – paragraph 2 2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 12 weeks in locations
Amendment 47 #
Proposal for a regulation Article 41a – paragraph 3 3. For the purposes of this Article, Article 3, Article 4(1), Articles 5 to 7, Article 8(1) to (5), Article 9(2) to (4), Articles 10 to 13, Article 14(3), Article 15, Article 17(1), Article 18(2) to (4) and Articles 19 to 21 of Directive XXX/XXX/EU [recast Return Directive] shall apply for the purposes of this Article.
Amendment 48 #
Proposal for a regulation Article 41a – paragraph 3 a (new) 3a. A Member State may decide not to apply the border procedure for carrying out return to nationals or stateless persons who are habitual residents of third countries for which that Member State has submitted a notification to the Commission in accordance with Article 25a(3) of Regulation (EC) No 810/2009. Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State shall again apply the border procedure for carrying out return. Where the Commission considers that the third country concerned is not cooperating sufficiently, the Member State may continue not to apply the border procedure for carrying out return; (a) until an implementing act previously adopted by the Council in accordance with Article 25a(5) of Regulation (EC) No 810/2009 has been repealed or amended; (b) until the Commission reports in its assessment carried out in accordance with paragraph 2 of Article 25a of Regulation (EC) No 810/2009 that there are substantive changes in the cooperation of the third country concerned, provided that the Commission does not consider that action is needed in accordance with that Article.
Amendment 49 #
Proposal for a regulation Article 41a – paragraph 4 4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding
Amendment 5 #
Proposal for a regulation Recital 40 (40) Many applications for international protection are made at the external border or in a transit zone of a Member State, often by persons apprehended in connection with unauthorised crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals.
Amendment 50 #
Proposal for a regulation Article 41a – paragraph 5 5. Persons referred to in paragraph 1
Amendment 51 #
Proposal for a regulation Article 41a – paragraph 8 a (new) 8a. In the framework of this Article, the European Border and Coast Guard Agency may, within its mandate, support national authorities with return and readmission operations by, inter alia, providing return experts, supporting the coordination of forced and voluntary returns, organising joint return operations, facilitating the exchange of information on returnees between Member States, supporting the identification of third-country nationals and the acquisition of travel documents and monitoring return operations at all stages.
Amendment 52 #
Proposal for a regulation Article 41 b (new) Article 41b Staff in the border procedure 1. Member States shall ensure that their staff who engage in the border procedure have been provided with an appropriate level and training in all circumstances. Member States shall ensure that applicants have effective access to non-governmental organisations in facilities used for the purposes of a border procedure. 2. By ... [six months after the date of entry into force of this Regulation], the Commission shall request the European Union Agency for Asylum to issue guidelines, in cooperation with national authorities and other Union bodies, offices and agencies, to assist Member States with the planning and allocation of the appropriate level of staff, in accordance with paragraph 1. The guidelines shall specify the average requirements for staff in order to be able to comply with procedural and reception requirements, in terms of number, type and qualifications. 3. Where requested by a Member State, Union bodies, offices and agencies shall provide it with rapid and tailored support in the border procedure as specified in Article 57a, in particular where that Member State experiences a significant increase of applications.
Amendment 53 #
Proposal for a regulation Article 41 c (new) Article 41c Coordination between actors in the border procedure 1. Member States shall ensure that all actors and authorities involved in the various stages of the border procedure, in particular national authorites, the Commission, Union bodies, offices and agencies, international organisations, non-governmental organisations, legal representatives and lawyers, coordinate efficiently and share information with one another. 2. National authorities responsible for the border procedure shall establish a governance strategy, adopt appropriate processes, and develop tools to support the sharing of information on applicants between competent actors involved in the procedures. 3. The Commission and Union bodies, offices and agencies may identify best practice and provide guidance for the Member States in respect of this Article.
Amendment 54 #
Proposal for a regulation Article 41 d (new) Amendment 55 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 2 Return decisions
Amendment 56 #
Article 53 – paragraph 6 6. The court or tribunal shall take into consideration all documents and information provided by the applicant. If the documents are not submitted in a reasonable time for the court or tribunal to ensure their translation, the court or tribunal may refuse to take those documents into account if they are not accompanied by a translation provided by the applicant, unless the applicant provides for a reasonable justification for any delay in the submission of those documents.
Amendment 57 #
Proposal for a regulation Article 53 – paragraph 9 9. Member States shall provide for
Amendment 58 #
Proposal for a regulation Article 54 – paragraph 5 – point a (a) the applicant shall have a time-limit of at least 5 working days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;
Amendment 59 #
Proposal for a regulation Article 54 – paragraph 5 – point e (new) (e) the applicant shall be duly informed in a timely manner of his or her rights under this paragraph.
Amendment 6 #
Proposal for a regulation Recital 40a (40a) 'The purpose of the border procedure for asylum and return should be to quickly assess
Amendment 60 #
Proposal for a regulation Article 54 – paragraph 6 6. In full respect of the principle of non-refoulement, in cases of subsequent applications, by way of derogation from paragraph
Amendment 61 #
Proposal for a regulation Article 57 a (new) Amendment 62 #
Proposal for a regulation Article 57 b (new) Article 57b Monitoring the application of the border procedure 1. The Commission shall regularly monitor the application of the border procedure, including, in particular, the following aspects: (a) the access that all competent actors have to facilities used for the purposes of a border procedure; (b) reception conditions and specific requirements for the border procedure; (c) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy; (d) quality of decision-making in the border procedure; 2. The Commission shall alert a Member State where the capacity of a location it has notified pursuant to Article 41(14) is temporarily insufficient for the purposes of processing applicants.
Amendment 63 #
Proposal for a regulation Article 57 c (new) Article 57c Monitoring of fundamental rights in the border procedure 1. Allegations of breaches of fundamental rights in relation to border procedure for the examination of applications for international protection under Article 41 and the border procedure for carrying out return under Article 41a shall be properly investigated as part of the independent monitoring mechanism referred to in paragraph 2 of this Article. 2. The Commission shall set up an independent monitoring mechanism, in cooperation with the Member States and Union bodies, offices and agencies which have monitoring competences, in particular the European Union Agency for Fundamental Rights, the European Union Agency for Asylum and the European Border and Coast Guard Agency. That mechanism shall aim to: (a) ensure that all actors involved in the border procedure comply with Union and international law during the border procedure; (b) ensure compliance, where applicable, with European rules on the detention of persons, in particular rules concerning the grounds for and the duration of detention; (c) ensure that allegations of breaches of fundamental rights in relation to the asylum and return border procedures, including in relation to access to the asylum procedure and the principle of non-refoulement, are dealt with effectively and without undue delay. The Commission shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism referred to in the first subparagraph. The European Union Agency for Fundamental Rights shall provide the Commission with general guidance on the setting up of the monitoring mechanism referred to in the first subparagraph, including as regards the independent functioning of the mechanism, the monitoring methodology it uses and appropriate training schemes. The Commission may invite relevant national, international and non- governmental organisations and bodies to participate in the monitoring carried out as part of the monitoring mechanism referred to in the first subparagraph. 3. Where monitoring carried out as part of the monitoring mechanism referred to in paragraph 2 determines that there have been breaches of fundamental rights, the Commission shall adopt appropriate and proportionate penalties.
Amendment 7 #
Proposal for a regulation Recital 40b (40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than 20% of the total number of decisions for that third country, unless more recent data from the European Asylum Agency indicate a significant change. In other cases, such as when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States.
Amendment 8 #
Proposal for a regulation Recital 40b a (new) (40ba) Prior to the examination of the merits of an application for international protection, the Member State in which the application has been registered should determine the Member State responsible under Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management]. To comply with the deadlines set for the border procedure during that determination process, the time limits for sending a take charge request to the Member State responsible, and for its reply, should be shortened in comparison to the general rules set out in Regulation (EU) No XXX/XXX Regulation on Asylum and Migration Management].
Amendment 9 #
Proposal for a regulation Recital 40b b (new) (40bb) While applicants whose applications are assessed in a border procedure might not be entitled to legally enter the territory of the Member State concerned, those applicants should always be granted the right to remain on the territory of a Member State during the examination of their applications for international protection in the border procedure.
source: 697.689
2021/12/16
LIBE
477 amendments...
Amendment 100 #
Proposal for a regulation Recital 40a (40a)
Amendment 101 #
Proposal for a regulation Recital 40a (40a) The purpose of the border procedure for asylum and return should be to quickly assess at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for the immediate return of the third-
Amendment 102 #
Proposal for a regulation Recital 40b (40b) Member State should assess all applications in a border procedure w
Amendment 103 #
Proposal for a regulation Recital 40b (40b) Member State should be able to choose whether to assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision
Amendment 104 #
Proposal for a regulation Recital 40b (40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a
Amendment 105 #
Proposal for a regulation Recital 40b (40b) Member State should be able to assess applications in a border procedure where the applicant is a danger to national security or public order,
Amendment 106 #
Proposal for a regulation Recital 40b (40b) Member State
Amendment 107 #
Proposal for a regulation Recital 40b (40b) Member State
Amendment 108 #
Proposal for a regulation Recital 40b (40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than 20% of the total number of decisions for that third country. In other cases, such as when the applicant is from a safe country of origin or a safe third country, as established by that Member State or by the Union, the use of the border procedure should be optional for the Member States.
Amendment 109 #
Proposal for a regulation Recital 40b (40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than
Amendment 110 #
Proposal for a regulation Recital 40b (40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international
Amendment 111 #
Proposal for a regulation Recital 40b a (new) (40b a)When determining whether there is a direct connection to an unauthorised border crossing for the purpose of applying a border procedure, Member States should apply a strict interpretation and take into account the guidance found in the Return Handbook which specifies that this may concern for example persons arriving irregularly by boat who are apprehended upon or shortly after arrival; persons arrested by the police after climbing a border fence; or irregular entrants who are leaving the train/ bus that brought them directly into the territory of a Member State.
Amendment 112 #
Proposal for a regulation Recital 40b a (new) (40b a)Prior to the examination of the merits of an application for international protection, the Member State in which the application has been registered should determine the Member State responsible under Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management].
Amendment 113 #
Proposal for a regulation Recital 40c (40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at
Amendment 114 #
Proposal for a regulation Recital 40c (40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border of that Member States where appropriate facilities exist. Vulnerable groups and applicants such as children should receive specific procedural safeguards and should be immediately referred to adequate accommodation. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at
Amendment 115 #
Proposal for a regulation Recital 40c (40c)
Amendment 116 #
Proposal for a regulation Recital 40c (40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure
Amendment 117 #
Proposal for a regulation Recital 40c (40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location
Amendment 118 #
Proposal for a regulation Recital 40c (40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants
Amendment 119 #
Proposal for a regulation Recital 40c (40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location
Amendment 120 #
Proposal for a regulation Recital 40d Amendment 121 #
Proposal for a regulation Recital 40d Amendment 122 #
Proposal for a regulation Recital 40d Amendment 123 #
Proposal for a regulation Recital 40d Amendment 124 #
Proposal for a regulation Recital 40d Amendment 125 #
Proposal for a regulation Recital 40d (40d)
Amendment 126 #
Proposal for a regulation Recital 40d (40d)
Amendment 127 #
Proposal for a regulation Recital 40d (40d)
Amendment 128 #
Proposal for a regulation Recital 40d (40d)
Amendment 129 #
Proposal for a regulation Recital 40d (40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply it for the examination of applications for international protection from nationals of a third country that does
Amendment 130 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the
Amendment 131 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision
Amendment 132 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure,
Amendment 133 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims.
Amendment 134 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed
Amendment 135 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision on the first level of appeal is issued within this maximum 12 week. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not
Amendment 136 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 1
Amendment 137 #
Proposal for a regulation Recital 40e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the appeal decision
Amendment 138 #
Proposal for a regulation Recital 40f (40f) While the border procedure for the examination of an application for international protection
Amendment 139 #
Proposal for a regulation Recital 40f (40f)
Amendment 140 #
Proposal for a regulation Recital 40f (40f)
Amendment 141 #
Proposal for a regulation Recital 40f (40f) While the border procedure for the examination of an application for international protection can be applied without recourse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX in order to decide on the right of the applicant to enter the territory. If detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and
Amendment 142 #
Proposal for a regulation Recital 40f a (new) (40f a) A decision to restrict freedom of movement or to detain an applicant during a border procedure should be made in writing stating reasons for the use of such measures in fact and law, and should never be automatic. A decision to detain an applicant should always be based on an individual assessment of each case which shows that detention is necessary and proportionate, that detention would not disproportionately harm the applicant and that less coercive measures would not be effective in the individual case. Decisions to detain an applicant should be subject to judicial oversight and applicants should be granted access to free legal aid to challenge the detention decision.
Amendment 143 #
Proposal for a regulation Recital 40 g Amendment 144 #
Proposal for a regulation Recital 40 g (40g) When an application is rejected in the context of the border procedure, the
Amendment 145 #
Proposal for a regulation Recital 40 g (40g) When an application is rejected in the context of the border procedure
Amendment 146 #
Amendment 147 #
Proposal for a regulation Recital 40 h Amendment 148 #
Proposal for a regulation Recital 40 h (40h) When applying the border procedure for carrying out return,
Amendment 149 #
Proposal for a regulation Recital 40 h (40h) When applying the border procedure for carrying out return, certain provisions of the [recast Return Directive] should apply as these regulate elements of the return procedure that are not determined by this Regulation, notably those on definitions, more favourable provisions, non-refoulement, best interests of the child, family life and state of health, risk of absconding, obligation to cooperate, period for voluntary departure, return decision, removal, postponement of removal, return and removal of unaccompanied minors, entry bans, safeguards pending return, detention,
Amendment 150 #
Proposal for a regulation Recital 40h a (new) (40h a) Minors, whether accompanied or unaccompanied, shall be considered applicants in need of special procedural guarantees as specified in Article 19 (I);
Amendment 151 #
Proposal for a regulation Recital 40h b (new) (40h b) The appointed guardians of non-accompanied minors as referred to in Article 22 (4) of this Directive shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role.
Amendment 152 #
Proposal for a regulation Recital 40h c (new) (40h c)Given the possibility for unaccompanied minors to file complaints against their guardians referred to in Article 22.5, all unaccompanied minors shall be given information, in a child- friendly manner and in a language that they understand, about who the supervising and monitoring entities or persons are and how to report complaints against their guardians in confidence and safety.
Amendment 153 #
Proposal for a regulation Recital 40h d (new) (40h d) Age assessment procedures as referred to in Article 24, should apply the least intrusive method and the least intrusive process, following the EASO Practical Guide on Age Assessment and must be gender- and culturally appropriate. Pending age assessment results, the applicant is to be treated as a minor and accommodated in the appropriate reception structures provided for under national law. Age assessments should take place in an adequate environment by independent, adequately trained and qualified professionals who are familiar with the applicant’s ethnic and cultural background and employ a multi-disciplinary approach which takes into account physical, developmental, psychological, environmental and cultural factors, thereby allowing for the most reliable result possible. Experts in children’s development, such as paediatricians, social workers and psychologists, shall be involved throughout the assessment procedure. Cultural-linguistic mediators or, where not possible, qualified interpreters shall support these professionals. Guardians shall be present during the examination if requested to attend by the applicant. Minors shall be informed in a language they understand and in a way that is consistent with their age and degree of maturity. They shall have the right to an effective remedy against the decision determining their age.
Amendment 154 #
Proposal for a regulation Recital 40h e (new) (40h e) if a minor does not have the legal capacity to act in asylum procedures referred to in Article 31 (8 & 9) and the responsible adult does not make an application, the determining authority shall lodge an application on behalf of the minor, with due regard to his or her views.
Amendment 155 #
Proposal for a regulation Recital 40i Amendment 156 #
Proposal for a regulation Recital 40i (40i) Where an applicant
Amendment 157 #
Proposal for a regulation Recital 40i (40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of their application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive]. An applicant, third-country national or stateless person who was not detained during the border procedure for the examination of an application for international protection, and who no longer has a right to remain and has not been allowed to remain, could also be detained if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. Detention should be for as short a period as possible and should not exceed the maximum duration of the
Amendment 158 #
Proposal for a regulation Recital 40i (40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of their application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive]. An applicant, third-country national or stateless person who was not detained during the border procedure for the examination of an application for international protection, and who no longer has a right to remain and has not been allowed to remain, could also be detained for the purpose of preventing entry into the territory of the Member State, if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. Detention should be for as short a period as possible and should not exceed the maximum
Amendment 159 #
Proposal for a regulation Recital 40i (40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of their application for international protection no longer has a right to remain and has not been allowed to remain, Member States should only be able to continue the detention
Amendment 160 #
Proposal for a regulation Recital 40j Amendment 161 #
Proposal for a regulation Recital 40j Amendment 162 #
Proposal for a regulation Recital 40j (40j)
Amendment 163 #
Proposal for a regulation Recital 40j a (new) (40j a) To ensure that border procedures are carried out in full compliance with EU law including the Charter of Fundamental Rights, humanitarian actors, international organisations, non- governmental organisations and other relevant stakeholders should be granted unhindered access to applicants subject to border procedures as well as to the facilities in which they take place.
Amendment 164 #
Proposal for a regulation Recital 40j b (new) (40j b) An independent monitoring mechanism should be set up and effective remedies shall be made available to the victims of human rights violations that occur in the course of border procedures.
Amendment 165 #
Proposal for a regulation Recital 44a Amendment 166 #
Proposal for a regulation Recital 44a Amendment 167 #
Proposal for a regulation Recital 44a (44a)
Amendment 168 #
Proposal for a regulation Recital 44a (44a)
Amendment 169 #
Proposal for a regulation Recital 44a (44a) ‘An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to
Amendment 170 #
Proposal for a regulation Recital 65 (65)
Amendment 171 #
Proposal for a regulation Recital 65 (65) For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection,
Amendment 172 #
Proposal for a regulation Recital 65 (65)
Amendment 173 #
Proposal for a regulation Recital 65 (65)
Amendment 174 #
(65)
Amendment 175 #
Proposal for a regulation Recital 66 Amendment 176 #
Proposal for a regulation Recital 66 (66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal. To avoid possible misuse of rights and procedures, a maximum period not exceeding two days should be granted to appeal to a court or tribunal against a return decision.
Amendment 177 #
Proposal for a regulation Recital 66 (66) Applicants should
Amendment 178 #
Proposal for a regulation Recital 66 (66) Applicants should
Amendment 179 #
Proposal for a regulation Recital 66 (66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is
Amendment 180 #
Proposal for a regulation Recital 66 (66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal.
Amendment 181 #
Proposal for a regulation Recital 66a Amendment 182 #
Proposal for a regulation Recital 66a (66a)
Amendment 183 #
Proposal for a regulation Recital 66a (66a)
Amendment 184 #
Proposal for a regulation Recital 66a (66a)
Amendment 185 #
Proposal for a regulation Recital 66b (66b) In order to ensure
Amendment 186 #
Proposal for a regulation Recital 66b (66b) In order to ensure the right to effective re
Amendment 187 #
Proposal for a regulation Recital 66b (66b) In order to ensure the right to an effective re
Amendment 188 #
Proposal for a regulation Recital 66c Amendment 189 #
Proposal for a regulation Recital 66c Amendment 190 #
Proposal for a regulation Recital 66c (66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and the accompanying return decision, and with a view to accelerating the examination of the case and reducing the burden on the competent judicial authorities, such decisions should be subject to common proceedings before the same court or tribunal in order to fulfil the time-limits provided for in this regulation.
Amendment 191 #
(66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and
Amendment 192 #
Proposal for a regulation Recital 66d Amendment 193 #
Proposal for a regulation Recital 66d a (new) (66d a)In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, upon irregular arrival at the EU’s external borders, during border surveillance, screening, the asylum procedure or the return procedure, each Member State should establish a monitoring mechanism and put in place adequate safeguards for the independence of that mechanism, in particular by involving national human rights institutions, national ombudspersons, international organisations or relevant non- governmental organisations in the management and operation of the mechanism. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to border surveillance, the screening, asylum and return procedures, as well as the respect for the applicable rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency (FRA) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the FRA for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the FRA with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. The independent monitoring mechanism should be in addition and without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896, the monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System (CEAS) as set out in Article 14 of Regulation (EU) xxxx/xxxx [EU Asylum Agency Regulation] and without prejudice to monitoring of fundamental rights carried out by existing national or international monitoring bodies. The Member States should investigate allegations of the breach of fundamental rights during border surveillance, the screening, asylum and return procedures, including by ensuring that complaints are dealt with promptly, expeditiously and capable of leading to the identification and sanction of those responsible in an appropriate manner.
Amendment 194 #
Proposal for a regulation Recital 66d a (new) (66d a)The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. To this end, the Commission should make use of its power to initiate a monitoring exercise by the European Asylum Agency in accordance with Article 14 (2) of [EUAA Regulation].
Amendment 195 #
Proposal for a regulation Recital 66d a (new) (66d a)The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. To this end, the Commission should make use of its power to initiate a monitoring exercise by the European Asylum Agency in accordance with Article 14 (2) of [EUAA Regulation].
Amendment 196 #
Proposal for a regulation Article 2 – paragraph 2 2. This Regulation
Amendment 197 #
Proposal for a regulation Article 4 – paragraph 2 – point i a (new) (ia) ‘stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September;
Amendment 198 #
Proposal for a regulation Article 4 – paragraph 2 – point i b (new) (ib) ‘national security’ covers the internal security and external security and that, consequently, a threat to the functioning of institutions and essential public services and the survival of the population, as well as the risk of a serious disturbance to foreign relations or to peaceful coexistence of nations, or a risk to military interests, may affect public security;
Amendment 199 #
Proposal for a regulation Article 5 a (new) Article 5a The Member States shall oversee the implementation and functioning of, and respect for, fundamental rights in each phase of the procedures regulated by this Regulation for which they are responsible European institutions and agencies may collaborate with them by providing any support they may request.
Amendment 200 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 201 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 202 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 203 #
Proposal for a regulation Article 27 – paragraph 5 Amendment 204 #
Proposal for a regulation Article 27 – paragraph 5 Amendment 205 #
Proposal for a regulation Article 27 – paragraph 5 Amendment 206 #
Proposal for a regulation Article 27 – paragraph 6 Amendment 207 #
Proposal for a regulation Article 27 – paragraph 6 6.
Amendment 208 #
Proposal for a regulation Article 35 a Amendment 209 #
Proposal for a regulation Article 35 a Rejection of an application
Amendment 210 #
Proposal for a regulation Article 35 a Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn and that decision has become final, Member States shall issue a separate return decision that respects Directive XXX/XXX/EU [Return Directive]
Amendment 211 #
Proposal for a regulation Article 35 a Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shall issue a return decision that respects Directive XXX/XXX/EU [Return Directive]. The return decision shall be issued
Amendment 212 #
Proposal for a regulation Article 35 a Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States
Amendment 213 #
Proposal for a regulation Article 40 – point a – paragraph 1 – point i Amendment 214 #
Proposal for a regulation Article 40 – point a – paragraph 1 – point i Amendment 215 #
Proposal for a regulation Article 40 – point a – paragraph 1 – point i (i)
Amendment 216 #
Proposal for a regulation Article 40 – point a – paragraph 1 – point i (i)
Amendment 217 #
Proposal for a regulation Article 40 – point a – paragraph 1 – point i (i) ‘ the applicant is of a nationality
Amendment 218 #
Proposal for a regulation Article 40 – point a – paragraph 1 – point i (i)
Amendment 219 #
Proposal for a regulation Article 40 – point a – paragraph 1 – point i (i) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available
Amendment 220 #
Proposal for a regulation Article 40 – point a – paragraph 1 – point i (i)
Amendment 221 #
Proposal for a regulation Article 40 – point b – paragraph 5 – point c Amendment 222 #
Proposal for a regulation Article 40 – point b – paragraph 5 – point c Amendment 223 #
Proposal for a regulation Article 40 – point b – paragraph 5 – point c Amendment 224 #
Proposal for a regulation Article 40 – point b – paragraph 5 – point c (c)
Amendment 225 #
Proposal for a regulation Article 40 – point b – paragraph 5 – point c (c)
Amendment 226 #
Proposal for a regulation Article 40 – point b – paragraph 5 – point c (c)
Amendment 227 #
Proposal for a regulation Article 40 – point b – paragraph 5 – point c (c) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available
Amendment 228 #
Proposal for a regulation Article 40 a (new) Article 40a Data collection on asylum decision 1. The 20% threshold referred to in Article 10(1a) and (5c) shall represent the final stage of a decision on asylum, after all remedies provided in national law are exhausted. 2. In application to the first paragraph, by [five years after the entry into force of the Regulation], Member States shall collect and send the relevant data to Eurostat.
Amendment 229 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1.
Amendment 230 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1.
Amendment 231 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State
Amendment 232 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1.
Amendment 233 #
Proposal for a regulation Article 41 – paragraph 1 – point a Amendment 234 #
Proposal for a regulation Article 41 – paragraph 1 – point a (a) following an application made at an external border crossing point or in a transit zone; or
Amendment 235 #
Proposal for a regulation Article 41 – paragraph 1 – point b Amendment 236 #
Proposal for a regulation Article 41 – paragraph 1 – point b Amendment 237 #
Proposal for a regulation Article 41 – paragraph 1 – point b (b) following apprehension
Amendment 238 #
Proposal for a regulation Article 41 – paragraph 1 – point b (b) following apprehension on the territory of the country, including in connection with an unauthorised crossing of the external border;
Amendment 239 #
Proposal for a regulation Article 41 – paragraph 1 – point b (b) following apprehension in
Amendment 240 #
Proposal for a regulation Article 41 – paragraph 1 – point b (b) following apprehension in direct connection with an
Amendment 241 #
Proposal for a regulation Article 41 – paragraph 1 – point c Amendment 242 #
Proposal for a regulation Article 41 – paragraph 1 – point c Amendment 243 #
Proposal for a regulation Article 41 – paragraph 1 – point c Amendment 244 #
Amendment 245 #
Proposal for a regulation Article 41 – paragraph 1 – point d Amendment 246 #
Proposal for a regulation Article 41 – paragraph 1 – point d Amendment 247 #
Proposal for a regulation Article 41 – paragraph 1 – second subparagraph (new) The decision to apply the border procedure shall be issued in writing and the reasons for the application of the procedure shall be stated in fact and in law.
Amendment 248 #
Proposal for a regulation Article 41 – paragraph 1 a (new) 1a. If an unaccompanied minor is under the age of 14, the border procedure shall not apply.
Amendment 249 #
Proposal for a regulation Article 41 – paragraph 2 – introductory part 2. Where a border procedure is applied, decisions may be taken on the
Amendment 250 #
Proposal for a regulation Article 41 – paragraph 2 – introductory part 2. Where a border procedure is applied, decisions may be taken on
Amendment 251 #
Proposal for a regulation Article 41 – paragraph 2 – introductory part 2.
Amendment 252 #
Proposal for a regulation Article 41 – paragraph 2 – point a Amendment 253 #
Proposal for a regulation Article 41 – paragraph 2 – point a Amendment 254 #
Proposal for a regulation Article 41 – paragraph 2 – point a Amendment 255 #
Proposal for a regulation Article 41 – paragraph 2 – point b Amendment 256 #
Proposal for a regulation Article 41 – paragraph 2 – point b Amendment 257 #
Proposal for a regulation Article 41 – paragraph 2 – point b (b) the merits of an application
Amendment 258 #
Proposal for a regulation Article 41 – paragraph 3 Amendment 259 #
Proposal for a regulation Article 41 – paragraph 3 Amendment 260 #
Proposal for a regulation Article 41 – paragraph 3 Amendment 261 #
Proposal for a regulation Article 41 – paragraph 3 Amendment 262 #
Proposal for a regulation Article 41 – paragraph 3 3. Member State shall examine an application in a border procedure in the cases referred to in paragraph 1 (a) where the circumstances referred to in Article 40(1)
Amendment 263 #
Proposal for a regulation Article 41 – paragraph 3 3. Member State
Amendment 264 #
Proposal for a regulation Article 41 – paragraph 3 3. Member State
Amendment 265 #
Proposal for a regulation Article 41 – paragraph 3 a (new) 3a. Individual procedural rights as provided in this Regulation, such as access to information, free legal assistance and representation, and interpretation shall be effectively guaranteed during the entire border procedure.
Amendment 266 #
Proposal for a regulation Article 41 – paragraph 3 b (new) 3b. By derogation from paragraph 2, where a border procedure is applied, Member States shall not take a decision on the following: (a) the admissibility of an application in accordance with Article 36 (b) the merits of an application in an accelerated examination procedure in the cases referred to in Article 40(1)
Amendment 267 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 268 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 269 #
Proposal for a regulation Article 41 – paragraph 4 Amendment 270 #
Proposal for a regulation Article 41 – paragraph 4 – first paragraph 4. A Member State
Amendment 271 #
Proposal for a regulation Article 41 – paragraph 4 – first paragraph 4. A Member State
Amendment 272 #
Proposal for a regulation Article 41 – paragraph 4 – first paragraph 4. A Member State
Amendment 273 #
Proposal for a regulation Article 41 – paragraph 4 – second subparagraph Amendment 274 #
Proposal for a regulation Article 41 – paragraph 4 – second subparagraph Amendment 275 #
Proposal for a regulation Article 41 – paragraph 4 – second subparagraph Amendment 276 #
Proposal for a regulation Article 41 – paragraph 4 – second subparagraph Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State
Amendment 277 #
Proposal for a regulation Article 41 – paragraph 4 – third subparagraph Amendment 278 #
Proposal for a regulation Article 41 – paragraph 4 – third subparagraph Amendment 279 #
Proposal for a regulation Article 41 – paragraph 4 – third subparagraph Amendment 280 #
Proposal for a regulation Article 41 – paragraph 4 – third subparagraph – introductory part Where the Commission considers that the third country concerned is not cooperating sufficiently, the Member State
Amendment 281 #
Proposal for a regulation Article 41 – paragraph 4 – third subparagraph a (new) Once an applicant has been exempted from the border procedure, and referred to the regular procedure, that should remain the case for the entire procedure.
Amendment 282 #
Proposal for a regulation Article 41 – paragraph 5 Amendment 283 #
Proposal for a regulation Article 41 – paragraph 5 Amendment 284 #
Proposal for a regulation Article 41 – paragraph 5 Amendment 285 #
Proposal for a regulation Article 41 – paragraph 5 5.
Amendment 286 #
Proposal for a regulation Article 41 – paragraph 5 5. The border procedure may only be applied to unaccompanied minors
Amendment 287 #
Proposal for a regulation Article 41 – paragraph 5 5. The border procedure
Amendment 288 #
Proposal for a regulation Article 41 – paragraph 5 5. The border procedure
Amendment 289 #
Proposal for a regulation Article 41 – paragraph 5 5. The border procedure may
Amendment 290 #
Proposal for a regulation Article 41 – paragraph 5 5. The border procedure
Amendment 291 #
5. The border procedure according to paragraph 2, point (a) may only be applied to unaccompanied minors
Amendment 292 #
Proposal for a regulation Article 41 – paragraph 5 a (new) 5a. The border procedure shall not be applied to applicants with specific procedural or reception needs, following an assessment in line with Article 19 APR.
Amendment 293 #
Proposal for a regulation Article 41 – paragraph 5 a (new) 5a. The border procedure may only be applied to minors below the age of 12 and their family members in the cases referred to in Article 40(5).
Amendment 294 #
Proposal for a regulation Article 41 – paragraph 5 a (new) 5a. The border procedure shall not be applied to people in a situation of vulnerability or with special procedural and reception needs.
Amendment 295 #
Proposal for a regulation Article 41 – paragraph 5 b (new) 5b. The border procedure shall not be applied to persons identified as stateless or at risk of statelessness, who shall be referred to the competent authorities to conduct a full determination of whether the individual is stateless and offer adequate protection, in accordance with national law. If the individual has made an application for international protection, the statelessness determination shall be conducted either in parallel with or following the consideration of the application for international protection, without prejudice to the primacy of international protection status and with full respect of the principle of confidentiality
Amendment 296 #
Proposal for a regulation Article 41 – paragraph 6 Amendment 297 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure shall
Amendment 298 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure shall not be a
Amendment 299 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure shall not be a
Amendment 300 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs
Amendment 301 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 9 and 11. When the border procedure ends, the decision to authorise entry shall be explicitly granted and recorded by the Member State carrying out the border procedure.
Amendment 302 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure
Amendment 303 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State
Amendment 304 #
Proposal for a regulation Article 41 – paragraph 6 a (new) 6a. In accordance with Article 8(2) of Directive XXX/XXX/EU [Reception Conditions Directive recast] and Directive XXX/XXX/EU [Return Directive recast], Member States may hold an applicant in detention as part of the border procedure provided that it proves necessary following an individual assessment of that applicant’s case and that other less coercive alternative measures cannot be applied effectively. The decision to hold an applicant in detention shall be made under the guarantees set out in Article 9 of Directive XXX/XXX/EU [Reception Conditions Directive recast], and the detention period shall be proportionate and terminated as soon as the grounds for it no longer apply. In accordance with Article 7 of Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States may restrict applicants’ freedom of movement in order to process applications in the border procedure. Member States shall use the alternatives to detention laid down in their national law in accordance with Article 8(4) of Directive XXX/XXX/EU [Reception Conditions Directive recast] that are effectively available where the grounds for detention apply, in particular for specific groups such as minors or families.
Amendment 305 #
Proposal for a regulation Article 41 – paragraph 7 Amendment 306 #
Proposal for a regulation Article 41 – paragraph 7 7. When applying the border procedure, Member States
Amendment 307 #
Proposal for a regulation Article 41 – paragraph 7 7. When applying the border procedure, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management],
Amendment 308 #
Proposal for a regulation Article 41 – paragraph 7 7. When applying the border procedure, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], except in the cases referred to in paragraph 3, without prejudice to the deadlines established in paragraph 11
Amendment 309 #
Proposal for a regulation Article 41 – paragraph 7 7. When applying the border procedure to an applicant for international protection, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], without prejudice to the deadlines established in paragraph 11
Amendment 310 #
Proposal for a regulation Article 41 – paragraph 7 7. When applying the border procedure, Member States
Amendment 311 #
Proposal for a regulation Article 41 – paragraph 7 a (new) 7a. The responsible authorities shall explore alternatives to detention in border procedures, in particular for minors and applicants with specific vulnerabilities. Where possible, minors should be accommodated in non-custodial community-based placements while their immigration status is being resolved. Unaccompanied minors shall never be detained and shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into account their views.
Amendment 312 #
Proposal for a regulation Article 41 – paragraph 8 Amendment 313 #
Proposal for a regulation Article 41 – paragraph 8 8.
Amendment 314 #
Proposal for a regulation Article 41 – paragraph 8 8.
Amendment 315 #
Proposal for a regulation Article 41 – paragraph 9 Amendment 316 #
Proposal for a regulation Article 41 – paragraph 9 – introductory part 9. Member States shall not apply or shall cease to apply the border procedure
Amendment 317 #
Proposal for a regulation Article 41 – paragraph 9 – point a Amendment 318 #
Proposal for a regulation Article 41 – paragraph 9 – point a Amendment 319 #
Proposal for a regulation Article 41 – paragraph 9 – point a (a) the determining authority considers that the grounds for
Amendment 320 #
Proposal for a regulation Article 41 – paragraph 9 – point a (a) the determining authority c
Amendment 321 #
Proposal for a regulation Article 41 – paragraph 9 – point b Amendment 322 #
Proposal for a regulation Article 41 – paragraph 9 – point b (b) the
Amendment 323 #
Proposal for a regulation Article 41 – paragraph 9 – point b (b) the
Amendment 324 #
Proposal for a regulation Article 41 – paragraph 9 – point b (b) the
Amendment 325 #
Proposal for a regulation Article 41 – paragraph 9 – point b (b) the
Amendment 326 #
Proposal for a regulation Article 41 – paragraph 9 – point c Amendment 327 #
Proposal for a regulation Article 41 – paragraph 9 – point c Amendment 328 #
Proposal for a regulation Article 41 – paragraph 9 – point c (c) there are medical reasons for not applying the border procedure, including mental health reasons;
Amendment 329 #
Proposal for a regulation Article 41 – paragraph 9 – point d Amendment 330 #
Proposal for a regulation Article 41 – paragraph 9 – point d a (new) (da) the debriefing following the screening pursuant to [Screening Regulation] contains elements that indicate that the applicant is in a vulnerable situation, is a victim of torture or has special reception or procedural needs.
Amendment 331 #
Proposal for a regulation Article 41 – paragraph 9 – point d a (new) (da) restriction of movement is used and the conditions of the facilities are not in line with Directive XXX/XXX/EU [Reception Conditions Directive]
Amendment 332 #
Proposal for a regulation Article 41 – paragraph 9 – subparagraph 2 Amendment 333 #
Proposal for a regulation Article 41 – paragraph 9 – subparagraph 2 In such cases, the competent authority shall
Amendment 334 #
Proposal for a regulation Article 41 – paragraph 9 – subparagraph 2 In such cases, the competent authority shall authorise the applicant to enter the territory of the Member State, if he or she has not already been authorised to do so.
Amendment 335 #
Proposal for a regulation Article 41 – paragraph 9 a (new) 9a. Without prejudice to the legal situation of non-entry, for serious illnesses where it is not possible to provide appropriate medical care at the border, the applicant could be transferred to the territory of the Member States to receive such medical care.
Amendment 336 #
Proposal for a regulation Article 41 – paragraph 10 Amendment 337 #
Proposal for a regulation Article 41 – paragraph 10 Amendment 338 #
Proposal for a regulation Article 41 – paragraph 10 Amendment 339 #
Proposal for a regulation Article 41 – paragraph 10 10. By way of derogation from Article 28 of this Regulation, applications subject to a border procedure shall be lodged no later than
Amendment 340 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 1 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims.
Amendment 341 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 1 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall
Amendment 342 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 1 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and
Amendment 343 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 1 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and
Amendment 344 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 1 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered.
Amendment 345 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 1 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall
Amendment 346 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 1 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 1
Amendment 347 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 2 Amendment 348 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 2 Amendment 349 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 2 Amendment 350 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 2 By way of derogation from the time limits set in Articles 34, 40(2) and 55, Member States shall lay down provisions on the duration of the examination procedure and of the appeal procedure which ensure that, in case of an appeal against a decision rejecting an application in the framework of the border procedure, the decision on such appeal is issued within 1
Amendment 351 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 2 By way of derogation from the time limits set in Articles 34, 40(2) and 55, Member States shall lay down provisions on the duration of the examination procedure and of the appeal procedure which ensure that, in case of an appeal against a decision rejecting an application in the framework of the border procedure, the decision on such appeal is issued within
Amendment 352 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 2 By way of derogation from the time limits set in Articles 34
Amendment 353 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – introductory part 12.
Amendment 354 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – introductory part 12.
Amendment 355 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – introductory part 12.
Amendment 356 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point a Amendment 357 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point a Amendment 358 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point a Amendment 359 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point b Amendment 360 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point b Amendment 361 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point b Amendment 362 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1– point b (b) a court or tribunal has revoked the applicant
Amendment 363 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point c Amendment 364 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point c Amendment 365 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point c Amendment 366 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point c Amendment 367 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point c a (new) (ca) the applicant is a danger to national security or public order.
Amendment 368 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 2 Amendment 369 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 2 Amendment 370 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 2 In such cases, where the applicant has been subject to a return decision issued in accordance with the Directive XXX/XXX/EU [Return Directive] or a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, Article 41a
Amendment 371 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications subject to a border procedure, the applicants shall be
Amendment 372 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications subject to a border procedure, the applicants
Amendment 373 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications subject to a border procedure, the
Amendment 374 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications
Amendment 375 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications subject to a border procedure, the applicants shall be kept at or in proximity to the external border or transit zones. Member States may also choose other locations, based on geographical, logistical or other needs. Each Member State shall notify to the Commission, [two months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out,
Amendment 376 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications subject to a border procedure, the applicants
Amendment 377 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications subject to a border procedure, the applicants shall be
Amendment 378 #
Proposal for a regulation Article 41 – paragraph 13 a (new) 13a. Member States should ensure that the necessary arrangements are made to accommodate applicants in accordance with Article 7 [Reception Conditions Directive], which states that applicants may move freely within the territory of the host Member State or within an area assigned to them by that Member State. The assigned area shall not affect the unalienable sphere of private life and shall allow effective access to all rights and benefits under this Directive.
Amendment 379 #
Proposal for a regulation Article 41 – paragraph 13 b (new) 13b. Where Member States impose restrictions on freedom of movement, a decision in writing should qualify the measures as either detention or restrictions on freedom of movement, and should state the reasons for these measures in fact and law.
Amendment 380 #
Proposal for a regulation Article 41 – paragraph 13 c (new) 13c. A Member State shall not hold an applicant in detention in the context of a border procedure unless it has individually assessed that applicant’s case based on the principles of necessity and proportionality. Detention shall only be applied as a measure of last resort and for the shortest time as possible, provided that an individual and motivated assessment has demonstrated that less coercive measures cannot be applied effectively in the specific case and that detention would not be disproportionately harmful. A vulnerability assessment should always be carried out before detention and repeated regularly. Free legal aid should be available to challenge the detention order.
Amendment 381 #
Proposal for a regulation Article 41 – paragraph 13 d (new) 13d. Member States shall ensure that staff who engage in the border procedure have been provided with appropriate training including on fundamental rights.
Amendment 382 #
Proposal for a regulation Article 41 – paragraph 13 e (new) 13e. Member States shall set up an independent monitoring mechanism, allowing independent human right bodies in line with the Paris Principles, to regularly assess the conditions in the facilities used for the purpose of a border procedure and issue recommendations for their amelioration, sharing them with the Commission.
Amendment 383 #
Proposal for a regulation Article 41 – paragraph 13 f (new) 13f. National authorities shall grant humanitarian actors, international organisations, non-governmental organisations and other relevant stakeholders effective access to all applicants subject to border procedures as well as the facilities in which border procedures take place at the borders or in transit zones.
Amendment 384 #
Proposal for a regulation Article 41 – paragraph 14 Amendment 385 #
Proposal for a regulation Article 41 – paragraph 14 14. In situations where, on the
Amendment 386 #
Proposal for a regulation Article 41 – paragraph 14 14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 14 is temporarily insufficient to process the applicants covered by paragraph 3, Member States
Amendment 387 #
Proposal for a regulation Article 41 – paragraph 14 14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 1
Amendment 388 #
Proposal for a regulation Article 41 – paragraph 14 14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 14 is temporarily insufficient to process the applicants covered by paragraph 3, Member States may designate other locations within the territory of the Member State and upon notification to the Commission to accommodate applicants there
Amendment 389 #
Proposal for a regulation Article 41 – paragraph 14 14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 1
Amendment 390 #
Proposal for a regulation Article 41 – paragraph 14 14.
Amendment 391 #
Proposal for a regulation Article 41 – paragraph 14 a (new) 14a. Member States shall ensure that applicants have effective access to Non- governmental organisations in facilities used for the purposes of a border procedure. Non-governmental organisations shall be allowed to access these facilities without having to sign separate bilateral agreement and shall be able to carry out unannounced and frequent visits in compliance with the standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Under no circumstance shall non- governmental organisations be requested to share data or information on beneficiaries with state authorities or other entities.
Amendment 392 #
Proposal for a regulation Article 41 – paragraph 14 b (new) 14b. Where Member States impose restrictions on freedom of movement, a decision in writing should qualify the measures as either detention or restrictions on freedom of movement, and the reasons for the actual restrictions ordered should be stated in fact be guaranteed to and in law.
Amendment 393 #
Proposal for a regulation Article 41 – paragraph 14 c (new) 14c. When applying the border procedure, Member States shall take into account that an applicant for international protection should not be held in detention for the sole reason that he or she is seeking international protection. Detention can only be imposed as a measure of a last resort based on the legal grounds set out in article 8 of the Reception Directive (RCD) and when it proves necessary and on the basis of an individual assessment of each case, and if other less coercive alternative measures cannot be applied effectively.
Amendment 394 #
Proposal for a regulation Article 41 – paragraph 14 d (new) 14d. Applicants should be have the right to free legal assistance at all stages of the procedure, as soon as the application for international protection is made. In case of individuals residing or being held in facilities operated by Member States, there should be immediate and unhindered access of legal practitioners to individuals in such facilities, including in quarantine sites. Free legal aid should also challenge any detention order or restriction of movement restrictions.
Amendment 395 #
Proposal for a regulation Article 41 a – title Amendment 396 #
Proposal for a regulation Article 41 a – title Amendment 397 #
Proposal for a regulation Article 41 a – paragraph 1 Amendment 398 #
Proposal for a regulation Article 41 a – paragraph 1 Amendment 399 #
Proposal for a regulation Article 41 a – paragraph 1 1.
Amendment 400 #
Proposal for a regulation Article 41 a – paragraph 1 1. Third-country nationals
Amendment 401 #
Proposal for a regulation Article 41 a – paragraph 2 Amendment 402 #
Proposal for a regulation Article 41 a – paragraph 2 Amendment 403 #
Proposal for a regulation Article 41 a – paragraph 2 2. Persons referred to in paragraph 1 shall be kept for a period not exceeding
Amendment 404 #
Proposal for a regulation Article 41 a – paragraph 2 2. Persons referred to in paragraph 1 shall be
Amendment 405 #
Proposal for a regulation Article 41 a – paragraph 2 2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 1
Amendment 406 #
Proposal for a regulation Article 41 a – paragraph 2 2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 12 weeks in locations at or in proximity to the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territory
Amendment 407 #
Proposal for a regulation Article 41 a – paragraph 2 2. Persons referred to in paragraph 1 shall be kept for a period not exceeding
Amendment 408 #
Proposal for a regulation Article 41 a – paragraph 3 Amendment 409 #
Proposal for a regulation Article 41 a – paragraph 3 Amendment 410 #
Proposal for a regulation Article 41 a – paragraph 3 3.
Amendment 411 #
Proposal for a regulation Article 41 a – paragraph 3 a (new) 3a. When the return decision cannot be enforced within the maximum period referred to in paragraph 2, Member States shall continue return procedures in accordance with Directive XXX/XXX/EU [Return Directive]. Persons referred to in this paragraph shall not be authorised to enter the territory of the Member State.
Amendment 412 #
Proposal for a regulation Article 41 a – paragraph 4 Amendment 413 #
Proposal for a regulation Article 41 a – paragraph 4 Amendment 414 #
Proposal for a regulation Article 41 a – paragraph 4 4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 15 days. In the framework of this Article, the European Border and Coast Guard Agency and the European Union Agency for Asylum shall, within its mandate, support national authorities with return operations.
Amendment 415 #
Proposal for a regulation Article 41 a – paragraph 4 4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding
Amendment 416 #
Proposal for a regulation Article 41 a – paragraph 4 4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 who have not been detained may be granted a period for voluntary departure not exceeding 15 days.
Amendment 417 #
Proposal for a regulation Article 41 a – paragraph 4 4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding
Amendment 418 #
Proposal for a regulation Article 41 a – paragraph 4 4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure
Amendment 419 #
Proposal for a regulation Article 41 a – paragraph 4 a (new) 4a. A period for voluntary departure cannot be granted where it has been assessed that third-country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent, manifestly unfounded or inadmissible, or they pose a risk to public policy, public security or national security.
Amendment 420 #
Proposal for a regulation Article 41 a – paragraph 5 Amendment 421 #
Proposal for a regulation Article 41 a – paragraph 5 Amendment 422 #
Proposal for a regulation Article 41 a – paragraph 5 5. Persons referred to in paragraph 1 who have been detained during the procedure referred to in Article 41 and who no longer have a right to remain and are not allowed to remain may continue to be detained for the purpose of preventing entry into the territory of the Member State, preparing the return or carrying out the removal process. A Member State may, in accordance with national law, impose additional obligations on the applicant in order to prevent unauthorised movements.
Amendment 423 #
Proposal for a regulation Article 41 a – paragraph 5 5.
Amendment 424 #
Proposal for a regulation Article 41 a – paragraph 6 Amendment 425 #
Proposal for a regulation Article 41 a – paragraph 6 Amendment 426 #
Proposal for a regulation Article 41 a – paragraph 6 6.
Amendment 427 #
Proposal for a regulation Article 41 a – paragraph 6 6. Persons referred to in paragraph 1 who no longer have a right to remain and are not allowed to remain, and who were not detained during the procedure referred to in Article 41, may be detained for the purpose of preventing entry into the territory of the Member State, if there is a risk of absconding within the meaning of Directive XXX/XXX/EU [Return Directive], if they avoid or hamper the preparation of return or the removal process or they pose a risk to public policy, public security or national security.
Amendment 428 #
Proposal for a regulation Article 41 a – paragraph 7 Amendment 429 #
Proposal for a regulation Article 41 a – paragraph 7 Amendment 430 #
Proposal for a regulation Article 41 a – paragraph 7 7. Detention shall be maintained for as short a period as possible, as long as removal arrangements are in progress and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2
Amendment 431 #
Proposal for a regulation Article 41 a – paragraph 7 7. Detention shall be maintained for as short a period as possible, as long as removal arrangements are in progress and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive]. Minors, whether accompanied or unaccompanied, shall not be detained.
Amendment 432 #
Proposal for a regulation Article 41 a – paragraph 7 7. Detention shall be maintained for as short a period as possible, as long as removal arrangements are in progress and executed with due diligence. The period of detention shall not exceed
Amendment 433 #
Proposal for a regulation Article 41 a – paragraph 7 7. Detention shall be maintained for as short a period as possible, and only as long as
Amendment 434 #
Proposal for a regulation Article 41 a – paragraph 8 Amendment 435 #
Proposal for a regulation Article 41 a – paragraph 8 Amendment 436 #
Proposal for a regulation Article 41 a – paragraph 8 Amendment 437 #
8. Member States
Amendment 438 #
Proposal for a regulation Article 41 a – paragraph 8 8. Member States that have decided not to apply Directive XXX/XXX/EU [Return Directive] pursuant to Article 2(2), point (a) of that Directive, following the rejection of an application in the context of the procedure referred to in Article 41, may issue a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, and
Amendment 439 #
Proposal for a regulation Article 41 b (new) Article 41b Staff in the border procedure 1. Member States shall ensure that their staff who engage in the border procedure have been provided with an appropriate level and training in all circumstances. Member States shall ensure that applicants have effective access to non-governmental organisations in facilities used for the purposes of a border procedure. 2. Where requested by a Member State, Union bodies, offices and agencies shall provide it with rapid and tailored support in the border procedure as specified in Article 57a, in particular where that Member State experiences a significant increase of applications.
Amendment 440 #
Proposal for a regulation Article 43 Amendment 441 #
Proposal for a regulation Article 43 Amendment 442 #
Proposal for a regulation Article 43 – subparagraph 2 – point c (c) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application
Amendment 443 #
Proposal for a regulation Article 43 – subparagraph 2 – point c (c) a
Amendment 444 #
Proposal for a regulation Article 43 – subparagraph 2 – point c (c) a first subsequent application has been lodged
Amendment 445 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – introductory part 1. Applicants shall have the right to an effective remedy before a court or tribunal
Amendment 446 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – introductory part 1. Applicants shall have the right to an effective remedy before a court or tribunal in accordance with the principles and guarantees provided for in Chapter II against:
Amendment 447 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point a a (new) (aa) a decision to channel the applicant into an accelerated procedure in accordance with Article 40;
Amendment 448 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point a b (new) (ab) a decision to channel the applicant into a border procedure in accordance with Article 41;
Amendment 449 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point a c (new) (ac) a decision to apply detention during a border procedure;
Amendment 450 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point b (b) a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status;
Amendment 451 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point d a (new) (da) a detention order or a decision to apply, within the border procedure, restrictions to the freedom of movement.
Amendment 452 #
(da) a detention decision
Amendment 453 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point d b (new) (db) a decision rejecting an application for a residence permit on compassionate, humanitarian or other grounds;
Amendment 454 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point d c (new) (dc) a decision to apply the border procedure.
Amendment 455 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point e (e)
Amendment 456 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point e a (new) (ea) a decision determining the applicant’s age.
Amendment 457 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 2 Amendment 458 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 2 Amendment 459 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 2 Amendment 460 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 2 Return decisions
Amendment 461 #
Proposal for a regulation Article 53 – paragraph 2 2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status.
Amendment 462 #
Proposal for a regulation Article 53 – paragraph 2 2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status.
Amendment 463 #
Proposal for a regulation Article 53 – paragraph 2 2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status.
Amendment 464 #
Proposal for a regulation Article 53 – paragraph 2 a (new) 2a. The applicant shall have a right to an oral hearing before a first appeal court of tribunal.
Amendment 465 #
Proposal for a regulation Article 53 – paragraph 3 3. An effective remedy within the meaning of paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law,
Amendment 466 #
Proposal for a regulation Article 53 – paragraph 3 3. An effective remedy within the meaning of paragraph 1 shall provide for a full and ex nunc examination of both facts
Amendment 467 #
Proposal for a regulation Article 53 – paragraph 3 3. An effective remedy within the meaning of paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, at least an oral hearing before a court or tribunal of first instance, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) No XXX/XXX [Qualification Regulation].
Amendment 468 #
Proposal for a regulation Article 53 – paragraph 3 a (new) 3a. In case of a negative decision on an asylum request in an asylum border procedure as regulated by Article 41 of this Regulation, the judicial review at first instance shall automatically include a review of the decision to channel an applicant into that procedure.
Amendment 469 #
Proposal for a regulation Article 53 – paragraph 3 a (new) 3a. The examination before a court or tribunal shall be through written submissions, unless the court or tribunal consider a hearing necessary for the examination referred to in subparagraph 3 of this Article.
Amendment 470 #
Proposal for a regulation Article 53 – paragraph 4 4. Applicants shall be provided with interpretation in a language they understand for the purpose of a hearing before the competent court or tribunal
Amendment 471 #
Proposal for a regulation Article 53 – paragraph 4 4. Applicants shall be provided with interpretation in a language they understand by qualified personnel for the purpose of a hearing before the competent court or tribunal where such a hearing takes place
Amendment 472 #
Proposal for a regulation Article 53 – paragraph 4 4.
Amendment 473 #
Proposal for a regulation Article 53 – paragraph 5 5.
Amendment 474 #
Proposal for a regulation Article 53 – paragraph 5 a (new) 5a. When the appeal involves a minor, information shall also be provided in a child-friendly way. Unaccompanied minors and families with minor children shall have access to free legal assistance. Unaccompanied minors shall be assisted by a legal representative [guardian] throughout the procedure.
Amendment 475 #
Proposal for a regulation Article 53 – paragraph 6 Amendment 476 #
Proposal for a regulation Article 53 – paragraph 6 Amendment 477 #
Proposal for a regulation Article 53 – paragraph 6 Amendment 478 #
Proposal for a regulation Article 53 – paragraph 7 – introductory part 7. Member States shall lay down
Amendment 479 #
Proposal for a regulation Article 53 – paragraph 7 – point a Amendment 480 #
Proposal for a regulation Article 53 – paragraph 7 – point a (a) a
Amendment 481 #
Proposal for a regulation Article 53 – paragraph 7 – point a (a) at least one
Amendment 482 #
Proposal for a regulation Article 53 – paragraph 7 – point a Amendment 483 #
Proposal for a regulation Article 53 – paragraph 7 – point a (a) at least one
Amendment 484 #
Proposal for a regulation Article 53 – paragraph 7 – point b Amendment 485 #
Proposal for a regulation Article 53 – paragraph 7 – point b (b)
Amendment 486 #
Proposal for a regulation Article 53 – paragraph 7 – point b (b)
Amendment 487 #
Proposal for a regulation Article 53 – paragraph 7 – point b (b) between a minimum of two weeks and a maximum of
Amendment 488 #
Proposal for a regulation Article 53 – paragraph 7 – point b (b) between a minimum of two weeks and a maximum of
Amendment 489 #
Proposal for a regulation Article 53 – paragraph 7 – point b (b) between a minimum of
Amendment 490 #
Proposal for a regulation Article 53 – paragraph 7 – point b a (new) (ba) Member States may extend the time limits laid down in this paragraph if the specific circumstances of the application make it necessary.
Amendment 491 #
Proposal for a regulation Article 53 – paragraph 8 8. The time-limits referred to in paragraph 7 shall start to run from the date when the applicant effectively receives the decision of the determining authority
Amendment 492 #
Proposal for a regulation Article 53 – paragraph 8 8. The time-limits referred to in paragraph 7 shall start to run from the date when the decision of the determining authority is notified to the applicant or his or her representative or legal adviser. The procedure for notification shall be laid down in national law. If free legal assistance would still not have been granted to the applicant when the decision is notified, the time-limits shall only start to run from the date by which a legal representative is appointed.
Amendment 493 #
Proposal for a regulation Article 53 – paragraph 9 Amendment 494 #
Proposal for a regulation Article 53 – paragraph 9 Amendment 495 #
Proposal for a regulation Article 53 – paragraph 9 Amendment 496 #
Proposal for a regulation Article 53 – paragraph 9 9. Member States shall provide for only one level of appeal in relation to a decision taken in the context of the border procedure as the principle of effective judicial protection requires.
Amendment 497 #
Proposal for a regulation Article 54 – paragraph 1 Amendment 498 #
Proposal for a regulation Article 54 – paragraph 1 Amendment 499 #
Proposal for a regulation Article 54 – paragraph 1 1. The effects of a return decision shall be automatically suspended
Amendment 500 #
1. The effects of a return decision shall be automatically suspended
Amendment 501 #
Proposal for a regulation Article 54 – paragraph 1 1. The effects of a return decision shall not be automatically suspended
Amendment 502 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 503 #
Proposal for a regulation Article 54 – paragraph 2 Amendment 504 #
Proposal for a regulation Article 54 – paragraph 2 2. Applicants shall have the automatic right to remain on the territory of the Member States
Amendment 505 #
Proposal for a regulation Article 54 – paragraph 2 2. Applicants shall have the right to remain on the territory of the Member States until the time-limit within which to exercise their right to an effective remedy before a court or tribunal
Amendment 506 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 507 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 508 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 509 #
Proposal for a regulation Article 54 – paragraph 3 – introductory part 3.
Amendment 510 #
Proposal for a regulation Article 54 – paragraph 3 – point a (a) a decision which rejects an application as
Amendment 511 #
Proposal for a regulation Article 54 – paragraph 3 – point b (b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum] or (c) [subsequent applications without new elements]; including cases in which the application has not been examined on the merits because another Member State has granted international protection to the applicant;
Amendment 512 #
Proposal for a regulation Article 54 – paragraph 3 – point b (b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum] (b) [safe third country] or (c) [subsequent applications without new elements];
Amendment 513 #
Proposal for a regulation Article 54 – paragraph 3 – point b (b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum]
Amendment 514 #
Proposal for a regulation Article 54 – paragraph 3 – point d Amendment 515 #
Proposal for a regulation Article 54 – paragraph 3 – point d (d) a decision which rejects a subsequent application as inadmissible, unfounded or
Amendment 516 #
Proposal for a regulation Article 54 – paragraph 3 – point e Amendment 517 #
Proposal for a regulation Article 54 – paragraph 3 a (new) 3a. The applicant shall not have the right to remain pursuant to Article 2 in the case of a subsequent application after the termination of the previous procedure with final effect.
Amendment 518 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 519 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 520 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 521 #
Proposal for a regulation Article 54 – paragraph 4 Amendment 522 #
Proposal for a regulation Article 54 – paragraph 5 Amendment 523 #
Proposal for a regulation Article 54 – paragraph 5 Amendment 524 #
Amendment 525 #
Proposal for a regulation Article 54 – paragraph 5 – introductory part 5. For the purpose of paragraph
Amendment 526 #
Proposal for a regulation Article 54 – paragraph 5 – point a (a) the applicant shall have a time-limit
Amendment 527 #
Proposal for a regulation Article 54 – paragraph 5 – point a (a) the
Amendment 528 #
Proposal for a regulation Article 54 – paragraph 5 – point a (a) the applicant shall have a time-limit of at least
Amendment 529 #
Proposal for a regulation Article 54 – paragraph 5 – point d – point i (i) until
Amendment 530 #
Proposal for a regulation Article 54 – paragraph 5 – point d – point ii Amendment 531 #
Proposal for a regulation Article 54 – paragraph 6 Amendment 532 #
Proposal for a regulation Article 54 – paragraph 6 Amendment 533 #
Proposal for a regulation Article 54 – paragraph 6 Amendment 534 #
Proposal for a regulation Article 54 – paragraph 6 6. In cases of subsequent applications,
Amendment 535 #
Proposal for a regulation Article 54 – paragraph 7 Amendment 536 #
Proposal for a regulation Article 54 – paragraph 7 Amendment 537 #
Proposal for a regulation Article 54 – paragraph 7 Amendment 538 #
Proposal for a regulation Article 54 – paragraph 7 7. An applicant who lodges a further appeal against a first or subsequent appeal decision
Amendment 539 #
Proposal for a regulation Article 54 – paragraph 7 7. An applicant who lodges a further
Amendment 540 #
Proposal for a regulation Article 54 a (new) Amendment 541 #
Proposal for a regulation Article 54 a (new) Article 54a Monitoring of fundamental rights in the border procedure 1. The Commission shall set up an independent monitoring mechanism, in cooperation with the Member States, NHRIs and relevant Union bodies, in particular the European Union Agency for Asylum, in line with the mechanism established by [Screening Regulation]. That mechanism shall aim to ensure: (a) that all actors involved in the border procedure comply with Union and international law during the border procedure; (b) compliance, where applicable, with European rules on the detention of persons, in particular rules concerning the grounds for and the duration of detention as well as the applicable legal requirements; (c) that allegations of breaches of fundamental rights in relation to the asylum border procedures, including in relation to access to the asylum procedure and the principle of non-refoulement, are investigated and followed up effectively and without undue delay. 2. The findings of the border monitoring mechanism should be made available to police authorities, for subsequent enquiries and potential disciplinary measures, as well as to the judicial authorities, for subsequent criminal investigations of serious violations of human rights. 3. The Commission shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism referred to in the first subparagraph. The border monitoring mechanism should notably be allowed to receive and act on information provided by relevant and competent national, regional and international bodies as well as non-governmental organizations. 4. The European Union Agency for Fundamental Rights shall provide the Commission with general guidance on the setting up of the monitoring mechanism referred to in the first subparagraph, including as regards the independent functioning of the mechanism, the monitoring methodology it uses and appropriate training schemes. 5. The EU Asylum Agency shall carry out the monitoring function in Article 13 and 14 [EUAA Regulation] with regard to all aspects of the border procedure, including the facilities in which border procedures take place. 6. The Commission shall invite relevant national, international and non- governmental organisations and bodies to participate in the monitoring carried out as part of the monitoring mechanism referred to in the first subparagraph. Where monitoring carried out as part of the monitoring mechanism referred to in paragraph 2 determines that there have been breaches of fundamental rights, effective remedies shall be made available to the victims of the identified human rights violations.
Amendment 542 #
Proposal for a regulation Article 54 a (new) Article 54a Monitoring of fundamental rights 1. In addition to the provisions foreseen in Article 7 of the [Screening Regulation], Member States shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights during the asylum procedure, in addition to border surveillance, and return procedures. 2. Independent human rights bodies, at national, European and international level, shall be the implementing components of an Independent Monitoring Mechanism and shall be able to access the facilities used for the purpose of a border procedure, as well as the land and sea borders, including through unannounced visits, in order to monitor the respect of fundamental rights under the scope of the current Regulation. 3. Member States should enable the involved national independent authorities to trigger, refer to Justice and conduct investigations into misconduct at their own initiative and should allow national and international human rights bodies to report, also at their own initiative, and participate in or conduct such investigations. Member States should ensure access to documentation, places of detention, police stations and other relevant sites and areas to conduct such investigations. The information and findings of these authorities and bodies must be publicly accessible and transparent. 4. Civil Society Organisations shall be able to alert these authorities and bodies of potential violations, providing evidence and reports, referring victims, and representing or filing complaints on their behalf, regardless if at the time the complainants are on the Member State’s territory. 5. In order to monitor all applicants’ proper access to the asylum procedure and the rights foreseen by it, a specific independent complaint mechanism shall be set up by the involved national and international authorities and bodies, for applicants, including the ones who have not been allowed the right to enter the territory, are at risk of being returned and/or have been returned to a third country. Such a mechanism shall include a 24/7 hotline that can be accessed by persons in order to prevent further fundamental rights abuses, notably in case a person would be at risk of being arbitrarily returned to a third country. 6. The Independent Monitoring Mechanism shall also be able to monitor the eventual process of sanctions and redress that Member States would have to implement as decided by judicial or other national or European authorities.
Amendment 66 #
Proposal for a regulation Recital 7 (7) This Regulation should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States and in representations of Member States, and the withdrawal of international protection. Persons seeking international protection who are present on the territorial sea of a Member State should be disembarked on land and have their applications examined in accordance with this Regulation.
Amendment 67 #
Proposal for a regulation Recital 20a (new) (20a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments, and take into account their particular protection needs and circumstances.
Amendment 68 #
Proposal for a regulation Recital 20 b new (20b) In order to guarantee a fair procedure, applicants should be have the right to free legal assistance at all stages of the procedure, as soon as the application for international protection is made. In case of individuals residing or being held in facilities operated by Member States, there should be immediate and unhindered access of legal practitioners to individuals in such facilities, including in quarantine sites. Free legal aid should also be guaranteed to challenge any detention order or restriction of movement restrictions. The information handled in these cases must be processed in accordance with the relevant data protection legislation.
Amendment 69 #
Proposal for a regulation Recital 30 a new (30a) Applicants shall have effective access to free legal assistance throughout the procedures described in this Regulation, including during the border procedure.
Amendment 70 #
Proposal for a regulation Recital 31 (31)
Amendment 71 #
Proposal for a regulation Recital 31a Amendment 72 #
Proposal for a regulation Recital 31a (31a) In order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. A return decision should immediately be issued to applicants whose applications are rejected. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for international protection or, if it is a separate act, be issued at the same time and together with the negative decision in order to fulfil the time limits provided for in this regulation.’ The competent authorities shall take the necessary measures to ensure that the applicant is personally available to receive the decisions.
Amendment 73 #
Proposal for a regulation Recital 31a (31a)
Amendment 74 #
Proposal for a regulation Recital 31a (31a)
Amendment 75 #
Proposal for a regulation Recital 31a (31a) In order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. A return decision should sim
Amendment 76 #
Proposal for a regulation Recital 31a a (new) (31a a)In the interest of a full examination of the specific situation of each applicant, in the case of a final rejection of an application for international protection, Member States should check whether the applicant fulfils the conditions to apply for a residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other grounds under the applicable national legal framework. Particular attention should be paid to vulnerable persons including victims of torture and inhumane and degrading treatment, gender-based violence, minors when it is not in their best interest to be returned, persons with PTSD symptoms and stateless persons.
Amendment 77 #
Proposal for a regulation Recital 39 a Amendment 78 #
Proposal for a regulation Recital 39a Amendment 79 #
Proposal for a regulation Recital 39a Amendment 80 #
Proposal for a regulation Recital 39a (39a)
Amendment 81 #
Proposal for a regulation Recital 39a (39a)
Amendment 82 #
Proposal for a regulation Recital 39a (39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in
Amendment 83 #
Proposal for a regulation Recital 39a (39a) ‘ In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do
Amendment 84 #
Proposal for a regulation Recital 39a (39a) ‘ In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should be able to accelerate the examination of applications of applicants who are nationals
Amendment 85 #
Proposal for a regulation Recital 39a (39a)
Amendment 86 #
Proposal for a regulation Recital 39a (39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than
Amendment 87 #
Proposal for a regulation Recital 39 a a (new) (39aa) The threshold of decisions granting international protection should be based on data representing the final decision stage, as long as such data is made available by Member States to Eurostat. By [five years after the entry into force of the Regulation], Member States should collect and send the relevant data to Eurostat for this purpose.
Amendment 88 #
Proposal for a regulation Recital 40 (40)
Amendment 89 #
Proposal for a regulation Recital 40 (40)
Amendment 90 #
Proposal for a regulation Recital 40 (40)
Amendment 91 #
Proposal for a regulation Recital 40 (40)
Amendment 92 #
Proposal for a regulation Recital 40 (40-a) All the procedural steps relating to the implementation of this regulation should be designed and applied in a way that is in line with fundamental rights, including the prohibition of inhuman and degrading treatment as prescribed for in Articles 3 ECHR and 4 Charter, the right to asylum as enshrined in Article 18 Charter and the principle of non- refoulement in Article 19 Charter.
Amendment 94 #
(40-a) In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application at the external borders.
Amendment 95 #
Proposal for a regulation Recital 40a (40a)
Amendment 96 #
Proposal for a regulation Recital 40a (40a)
Amendment 97 #
Proposal for a regulation Recital 40a (40a)
Amendment 98 #
Proposal for a regulation Recital 40a (40a)
Amendment 99 #
Proposal for a regulation Recital 40a (40a)
source: 699.340
2023/04/20
LIBE
129 amendments...
Amendment 1 #
Proposal for a regulation Recital 14 (14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision-making. For that purpose, access to legal assistance and representation should be an integral part of the common procedure for international protection at all stages of the procedure. In order to ensure the effective protection of the applicant's rights, particularly the right of defence and the principle of fairness, and to ensure the economy of the procedure, applicants should, upon their request and subject to conditions set out in this Regulation, be provided with free legal assistance and representation during the administrative procedure
Amendment 10 #
Proposal for a regulation Recital 40 b b (new) (40bb) When determining whether there is a direct connection to an irregular border crossing for the purpose of applying a border procedure, it is important that Member States take into account the guidance found in the Return Handbook set out in Commission Recommendation (EU) 2017/2338. _______________________ 1a Commission Recommendation (EU) 2017/2338 of 16 November 2017 establishing a common ‘Return Handbook’ to be used by Member States' competent authorities when carrying out return-related tasks (OJ L 339, 19.12.2017, p. 83).
Amendment 100 #
Proposal for a regulation Article 54 – paragraph 3 – point e Amendment 101 #
Proposal for a regulation Article 54 – paragraph 4 4. In the cases referred to in paragraph 3, a court or tribunal shall have the power to decide, following an examination of both facts and points of law, whether or not the applicant shall be allowed to remain on the territory of the Member States pending the outcome of the remedy upon the applicant’s request. The competent court or tribunal
Amendment 102 #
Proposal for a regulation Article 54 – paragraph 5 – point a (a) where the decision has been taken in a border procedure, the applicant shall have a time-limit of at least 5 working days from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;
Amendment 103 #
Proposal for a regulation Article 54 – paragraph 5 – point c (c) the applicant shall be provided,
Amendment 104 #
Proposal for a regulation Article 54 – paragraph 5 – point d a (new) (da) the applicant shall be duly informed in a timely manner of her or his rights under this paragraph.
Amendment 105 #
Proposal for a regulation Article 54 – paragraph 6 6. In cases of subsequent applications, by way of derogation from paragraph
Amendment 107 #
Proposal for a regulation Article 57 a – paragraph 1 (new) 1. The Union agencies acting in the field of asylum and migration management shall, within their respective mandates, provide support to the Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation, in particular the accelerated examination procedure under Article 40, the border procedure for the examination of applications for international protection under Article 41 and the border procedure for carrying out return under Article 41a.
Amendment 108 #
Proposal for a regulation Article 57 a – paragraph 2 – subparagraph 1 (new) 2. The European Union Agency for Asylum shall, in accordance with Article 16(1), point (d), of Regulation (EU) 2021/2303, propose on its own initiative operational and technical assistance to a Member State related to the implementation of this Regulation. The European Border and Coast Guard Agency shall, in accordance with Article 48 of Regulation (EU) 2019/1896, propose on its own initiative operational and technical assistance to a Member State related to the implementation of this Regulation.The European Union Agency for Fundamental Right shall, in accordance with Article 4 of Regulation (EU) 168/2007, propose on its own initiative operational and technical assistance to a Member State related to the implementation of this Regulation.
Amendment 109 #
Proposal for a regulation Article 57 a – paragraph 2 – subparagraph 2 (new) Where a Member State does not agree with a proposal for operational and technical assistance from the European Union Agency for Asylum or from the European Border and Coast Guard Agency, as referred to in the first subparagraph, it shall explain its reasons for rejecting the proposal in a timely manner.
Amendment 11 #
Proposal for a regulation Recital 40 c (40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure
Amendment 110 #
3. For the purposes of this Article, the European Union Agency for Asylum, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights shall each lay down a list of tasks in their remit for the implementation of this Regulation, in accordance with their respective mandate. They shall communicate that list to the Commission and to the Member States by ... [one month after the date of entry into force of this Regulation].
Amendment 111 #
Proposal for a regulation Article 57 c – title (new) Monitoring of respect for fundamental rights in the border procedure
Amendment 112 #
Proposal for a regulation Article 57 c – paragraph 1 – subparagraph 1 (new) 1. Member States shall adopt relevant provisions to investigate all allegations of non-respect for fundamental rights during the border procedure for the examination of applications for international protection under Article 41 and the border procedure for carrying out return under Article 41a.
Amendment 113 #
Proposal for a regulation Article 57 c – paragraph 1 – subparagraph 2 (new) Member States shall adopt provisions under national law to penalise a failure to respect fundamental rights. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 114 #
Proposal for a regulation Article 57 c – paragraph 2 – subparagraph 1 (new) 2. Each Member State shall establish an independent monitoring mechanism or designate an existing independent mechanism that meets the criteria set out in this Regulation.
Amendment 115 #
Proposal for a regulation Article 57 c – paragraph 2 – subparagraph 2 (new) Amendment 116 #
Proposal for a regulation Article 57 c – paragraph 2 – subparagraph 3 (new) The monitoring mechanism shall ensure that allegations of non-respect for fundamental rights in all relevant activities for all third-country nationals referred to in Article 3(1) and (2) are properly investigated and dealt with effectively and without undue delay or, where necessary, trigger such investigations. It shall monitor the progress of those investigations.
Amendment 117 #
3. Member States shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism, in accordance with criteria recognised under relevant international human rights law and standards.
Amendment 118 #
Proposal for a regulation Article 57 c – paragraph 3 – subparagraph 2 (new) Member States shall involve national human rights institutions, national ombudspersons and international organisations in the management and operation of the monitoring mechanism, and their participation in the mechanism. They may also involve relevant non- governmental organisations. Where one or more of those institutions, ombudspersons or organisations are not directly involved in the mechanism, the bodies responsible for the monitoring mechanism shall establish and maintain close links with them. The bodies responsible for the monitoring mechanism shall establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor.
Amendment 119 #
4. Member States shall provide bodies responsible for the monitoring mechanism with access to all relevant locations, including reception and detention facilities, individuals and documents, in so far as such access is necessary to allow the bodies responsible for the monitoring mechanism to fulfil the obligations set out in this Article. Where information gathered on an individual case suggests that a criminal offence has been committed, that information shall be handed over to the national prosecuting authorities or prosecution service.
Amendment 12 #
Proposal for a regulation Recital 40 c a (new) (40ca) Member States should retain discretion in deciding at which specific locations facilities for the border procedure should be set up. Member States should be able to situate such facilities at or in proximity of the external border or transit zones, provided that they guarantee appropriate reception conditions, access for personnel and essential services. Member States should notify the Commission of the specific locations where the border procedures will be carried out. Where the border procedure is applied and the capacity of the locations as notified by a Member State is temporarily exceeded, the capacity of personnel is insufficient or the reception conditions are not met, the Member State should be able, for the shortest time possible, to process applications at another location within its territory.
Amendment 120 #
Proposal for a regulation Article 57 c – paragraph 5 (new) 5. The FRA shall issue general guidance for Member States on the establishment of a monitoring mechanism and its independent functioning. Furthermore, Member States may request the FRA to support them in developing their national monitoring mechanism, including the safeguards for the independence of such mechanisms, and the monitoring methodology and appropriate training schemes.
Amendment 121 #
6. The monitoring mechanism shall be complementary to the mechanism referred to in Article 7 of Regulation (EU) XXX/XXX [Screening Regulation].
Amendment 122 #
Proposal for a regulation Article 57 c – paragraph 6 – subparagraph 2 (new) The monitoring mechanism is without prejudice to the monitoring mechanism for the purpose of monitoring the operational and technical application of the CEAS set out in Article 14 of Regulation (EU) 2021/2303 and to the role of the fundamental rights monitors in monitoring respect for fundamental rights in all activities of the European Border and Coast Guard Agency set out in Article 80 of Regulation (EU) 2019/1896.
Amendment 124 #
1. The Commission shall regularly monitor the application of this Regulation. For that purpose, it shall be assisted by the European Union Agency for Asylum, in accordance with Article 14 of Regulation (EU) 2021/2303.
Amendment 125 #
Proposal for a regulation Article 59 a – paragraph 2 (new) 2. The monitoring shall cover, in particular, the following aspects: (a) the access that all competent actors, including for non-governmental organisations, have to facilities used for the purposes of a border procedure; (b) the personnel in accordance with Article 41b and the coordination between actors in accordance with Article 41c; (c) reception conditions in accordance with Article 41a(2) and requirements specific to the border procedure; (d) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy.
Amendment 126 #
3. Member States shall regularly report to the Commission and to the European Union Agency for Asylum in relation to the implementation and application of Sections III and IV.
Amendment 127 #
Proposal for a regulation Article 59 a – paragraph 4 (new) 4. The European Union Agency for Asylum shall indicate to a Member State where, on the basis of operational and technical monitoring pursuant to Article 14 of Regulation (EU) 2021/2303, it considers that the capacity of a location it has notified pursuant to Article 41(14) is temporarily insufficient for the purpose of processing applicants.
Amendment 129 #
Proposal for a regulation Article 60 – paragraph 1a (new) Amendment 13 #
(40d)
Amendment 14 #
Proposal for a regulation Recital 40 e (40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the determination of the Member State responsible for an application for international protection in accordance with Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management] and for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the
Amendment 15 #
(40f)
Amendment 16 #
Proposal for a regulation Recital 40 f a (new) (40fa) With a view to avoiding detention where less stringent measures might be applicable, Member States should apply restrcitions on freedom of movement or alternatives to detention as provided in the [Reception Conditions Directive] (EU) XXX/XXX. Such alternatives should be available both in law and fact at national level. Member States should prioritise non-custodial community-based placements for minors and their families and for applicants with vulnerabilities or special procedural or reception needs.
Amendment 17 #
Proposal for a regulation Recital 40 g (40g) When an application is rejected in the context of the border procedure, the
Amendment 18 #
(40h) When applying the border procedure for carrying out return,
Amendment 19 #
Proposal for a regulation Recital 40 h a (new) (40ha) The border procedure should be carried out in full compliance with the Charter of Fundamental Rights of the European Union and Union law. The proper functioning of the border procedure inherently depends on the availability of adequate and qualified personnel at all stages of the procedure. In order to ensure that border procedures respect all individual procedural rights and are in compliance with reception conditions, the Member States should allocate qualified and well-trained personnel at the relevant locations. Member States should be able to seek, where necessary, support from Union agencies, international organisations and non-governmental organisations. The European Union Agency for Asylum can also assist the competent authorities in planning the allocation of qualified personnel.
Amendment 2 #
Proposal for a regulation Recital 20 a (new) (20a) In applying this Regulation, Member States should respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons of 28 September 1954.
Amendment 20 #
Proposal for a regulation Recital 40 h b (new) (40hb) Within their respective mandates, Union agencies should be able to provide support to the Member States and the Commission, at their request, with a view to ensuring the proper implementation and functioning of this Regulation, including the provisions of this Regulation related to the accelerated and border procedures. Union agencies can propose specific support to a Member State. Where a Union agency proposes specific support to a Member State, that Member State should take due account of its proposal. Where that Member State refuses the request, it should explain its reasons therefor in a timely manner.
Amendment 21 #
Proposal for a regulation Recital 40 i (40i) Where an applicant
Amendment 22 #
Proposal for a regulation Recital 40 j (40j) It should be possible for a Member State to which an applicant is relocated or transferred in accordance with Regulation (EU) No XXX/XXX [Asylum and Migration Management Regulation] to examine the application in a border procedure provided that the applicant has not yet been authorised to enter the territory of the Member States and the conditions for the application of such a procedure by the Member State from which and to which the applicant was relocated or transferred are met.
Amendment 23 #
Proposal for a regulation Recital 64 a (new) (64a) It is essential that Member States lay down rules on time-limits for the submission and translation of documents in such a way as to guarantee that courts or tribunals can take them and information provided by the applicant into consideration, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 24 #
(65) For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection and where a return decision has also been issued to the applicant, all effects of th
Amendment 25 #
Proposal for a regulation Recital 66 (66) Applicants should
Amendment 26 #
Proposal for a regulation Recital 66 a (66a) In cases where the applicant has no automatic right to remain for the purpose of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In such cases, applicants should have a right to remain until the time-limit for requesting a court or tribunal to be allowed to remain has expired and, where the applicant has presented such a request within the set time-limit, pending the decision of the competent court or tribunal. In order to discourage abusive or last minute subsequent applications, Member States should be able to provide in national law that applicants should have no right to remain during that period in the case of rejected subsequent applications, with a view to preventing further unfounded subsequent applications without prejudice to the principle of non-refoulement. In the context of the procedure for determining whether or not the applicant should be allowed to remain pending the appeal, the applicant’s rights, including the right of defence, should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance. Furthermore, the competent court or tribunal should be able to examine the decision refusing to grant international protection in terms of facts and points of law.
Amendment 27 #
Proposal for a regulation Recital 66 b (66b)
Amendment 28 #
Proposal for a regulation Recital 66 c (66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and
Amendment 29 #
Proposal for a regulation Recital 66 d a (new) (66da) The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. To that end, the Commission should be assisted by the European Union Agency for Asylum, in accordance with its prerogatives under Article 14 of Regulation (EU) 2021/2303. To ensure compliance with Union and international law, including the Charter of Fundamental Rights of the European Union, each Member State should also establish or designate a monitoring mechanism for the border procedure and put in place adequate safeguards for the independence of that mechanism, in accordance with the Paris Principles, the Venice Principles, the UN General Assembly Resolution of 28 December 2020 entitled ‘The role of Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law’, and the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, in particular by involving national human rights institutions, national ombudspersons, international organisations or relevant non- governmental organisations in the management and operation of the mechanism. The bodies responsible for the mechanism should establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor. The monitoring mechanism should cover, in particular, the respect for fundamental rights in relation to the asylum and return procedures and the respect for the applicable rules regarding detention and compliance with the principle of non- refoulement. The European Union Agency for Fundamental Rights (FRA) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanisms. Member States should furthermore be allowed to request the support of the FRA for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the FRA with regard to establishing the methodology for their monitoring mechanism and with regard to appropriate training measures. The independent monitoring mechanism should be in addition and without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors, as provided for in Regulation (EU) 2019/1896, the monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System (CEAS), as set out in Article 14 of Regulation (EU) 2021/2303, and the monitoring of fundamental rights carried out by existing national or international monitoring bodies. The Member States should investigate allegations of breaches of fundamental rights during the asylum and return procedures, including by ensuring that complaints are dealt with promptly and expeditiously and by ensuring that it is possible to identify and sanction those found responsible for such breaches in an appropriate manner.
Amendment 3 #
Proposal for a regulation Recital 31 (31) In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons in fact and in law, information on the consequences of the decision and the modalities for challenging it. Without prejudice to the applicant’s right to remain in the Member State responsible pending the examination of the application and to the principle of non-refoulement, such a decision may include, or may be issued together with, a return decision issued in accordance with Directive XXX/XXX/EU [Return Directive Recast].
Amendment 30 #
(66db) The obligations on Member States to establish or designate an existing independent monitoring mechanism during asylum and return procedures, set out in this Regulation, and during border surveillance and the screening procedures, set out in Regulation (EU) xxx/xxx [Screening Regulation], should be fulfilled through the establishment or designation of one mechanism that covers all relevant phases and procedures specified in the relevant Regulations.
Amendment 31 #
Proposal for a regulation Article 4 – paragraph 1 – point i Amendment 32 #
Proposal for a regulation Article 4 – paragraph 2 – point j a (new) (ja) ‘working day’ means any day of the year from Monday to Friday, except for public holidays;
Amendment 33 #
(jb) ‘family members’ means family members as defined in Article 2, point (3), of Directive XXX/XXX/EU [Reception Conditions Directive].
Amendment 34 #
Proposal for a regulation Article 35 a – paragraph 1 Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shall issue a return decision that respects Directive XXX/XXX/EU [Return Directive]
Amendment 35 #
Proposal for a regulation Article 40 – paragraph 1 – point i (i) the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of final decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs. Where the European Union Agency for Asylum has provided a guidance note on a country of origin in accordance with Article 11 of Regulation (EU) 2021/2303 showing that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, Member States shall use that guidance note as a reference for the application of this point;
Amendment 36 #
Proposal for a regulation Article 40 – paragraph 5 – point c (c) the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for
Amendment 37 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], where applicable and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State may examine an application in a border procedure where that application has been made by a third- country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:
Amendment 38 #
Proposal for a regulation Article 41 – paragraph 1 – point b (b) following the apprehension
Amendment 39 #
Proposal for a regulation Article 41 – paragraph 1 – point d (d) following relocation in accordance with Article [X] of Regulation (EU) No XXX/XXX [
Amendment 4 #
Proposal for a regulation Recital 31 a (31a) In order to increase the efficiency of the accelerated and the border procedures and to reduce the risk of absconding and the likelihood of unauthorised movements,
Amendment 40 #
Proposal for a regulation Article 41 – paragraph 2 – point b (b) the merits of an application in an accelerated examination procedure in the cases referred to in Article 40(1)
Amendment 41 #
Proposal for a regulation Article 41 – paragraph 3 Amendment 42 #
Proposal for a regulation Article 41 – paragraph 3a – subparagraph 1 (new) Amendment 43 #
Proposal for a regulation Article 41 – paragraph 3a – subparagraph 2 (new) In the cases referred to in the first subparagraph, the competent authority shall authorise the applicant to enter the territory of the Member State and apply the appropriate asylum procedure.
Amendment 44 #
Proposal for a regulation Article 41 – paragraph 3a – subparagraph 3 (new) For the purpose of applying point (c) of the first subparagraph, Member States shall not carry out a medical examination. Where the result of an age assessment is not conclusive, or includes an age-range below the age of 12, Member States shall assume that the minor is below the age of 12.
Amendment 45 #
Proposal for a regulation Article 41 – paragraph 3b – subparagraph 1 (new) 3b. Member States shall regularly monitor the application of paragraph 3a. Member States may request support from Union agencies for that purpose.
Amendment 46 #
Proposal for a regulation Article 41 – paragraph 3b – subparagraph 2 (new) The Commission shall regularly assess the application of this paragraph, with the support of the European Union Agency for Asylum, and shall report the conclusions of its assessments to the European Parliament and to the Council on a yearly basis.
Amendment 47 #
4. A Member State
Amendment 48 #
Proposal for a regulation Article 41 – paragraph 4 – subparagraph 2 Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State
Amendment 49 #
Proposal for a regulation Article 41 – paragraph 4 – subparagraph 3 – introductory part Where the Commission considers that the third country concerned is not cooperating sufficiently, the Member State
Amendment 5 #
(39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who
Amendment 50 #
Proposal for a regulation Article 41 – paragraph 5 Amendment 51 #
Proposal for a regulation Article 41 – paragraph 6 6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs
Amendment 52 #
Proposal for a regulation Article 41 – paragraph 6a – subparagraph 1 (new) 6a. Any restriction of an applicant’s freedom of movement or any application of detention as part of the border procedure shall be in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. Minors shall, as a rule, not be detained in accordance with Article 11(2) of that Directive.
Amendment 53 #
Proposal for a regulation Article 41 – paragraph 6a – subparagraph 2 (new) By ... [six months after the date of entry into force of this Regulation], the European Union Agency for Asylum shall, in accordance with Article 13(2) of Regulation (EU) 2021/2303, develop guidelines on different practices as regards alternatives to detention that could be used in the context of a border procedure.
Amendment 54 #
Proposal for a regulation Article 41 – paragraph 6a – subparagraph 3 (new) By ... [18 months after the date of entry into force of this Regulation], the Commission shall evaluate the application of this paragraph.
Amendment 55 #
Proposal for a regulation Article 41 – paragraph 7 7. When applying the border procedure, Member States
Amendment 56 #
Proposal for a regulation Article 41 – paragraph 8 8. Where the conditions for applying the border procedure are met in the Member State from which the applicant is relocated
Amendment 57 #
Proposal for a regulation Article 41 – paragraph 8a (new) 8a. Where the conditions for applying the border procedure are met in the Member State from which the applicant is transferred and in the Member State to which the applicant is transferred in accordance with Article 35 of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], a border procedure may be applied by the Member State to which the applicant is transferred.
Amendment 58 #
Proposal for a regulation Article 41 – paragraph 9 Amendment 59 #
Proposal for a regulation Article 41 – paragraph 10 10. By way of derogation from Article 28 of this Regulation, applications subject to a border procedure shall be lodged no later than five working days from registration for the first time or, following a relocation in accordance with Article [x] of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], five working days from when the applicant arrives in the Member State responsible following a transfer pursuant to Article 56(1), point (e), of that Regulation, provided that she or he is given an effective opportunity to do so within those time-limits.
Amendment 6 #
Proposal for a regulation Recital 40 (40) Many applications for international protection are made at the external border or in a transit zone of a Member State,
Amendment 60 #
Proposal for a regulation Article 41 – paragraph 11 – subparagraph 1 11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and
Amendment 61 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point a (a) the applicant’s right to remain on the territory of a Member State has been revoked in accordance with Article 9(3), point (a);
Amendment 62 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point b (b) the applicant has no right to remain on the territory of a Member State in accordance with Article 54 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time-limit;
Amendment 63 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 1 – point c (c) the applicant has no right to remain on the territory of a Member State in accordance with Article 54 and a court or tribunal has decided that the applicant is not to be allowed to remain pending the outcome of an appeal procedure.
Amendment 64 #
Proposal for a regulation Article 41 – paragraph 12 – subparagraph 2 In such cases, where the applicant has been subject to a return decision issued in accordance with the Directive XXX/XXX/EU [Return Directive] or a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, Article 41a
Amendment 65 #
Proposal for a regulation Article 41 – paragraph 13 13. During the examination of applications subject to a border procedure, the applicants shall be
Amendment 66 #
Proposal for a regulation Article 41 – paragraph 14 14. In situations where, on the
Amendment 67 #
Proposal for a regulation Article 41 a – paragraph 1 – subparagraph 1 1.
Amendment 68 #
Proposal for a regulation Article 41 a – paragraph 1 – subparagraph 2 (new) Where a Member State carries out the return of a third country national in a border procedure, the third-country national shall not be authorised to enter the territory of that Member State, without prejudice to Article 6(5) of the Regulation (EU) 2016/39.
Amendment 69 #
Proposal for a regulation Article 41 a – paragraph 2 2. Persons referred to in paragraph 1 shall be
Amendment 7 #
(40a) The purpose of the border procedure for asylum
Amendment 70 #
Proposal for a regulation Article 41 a – paragraph 3 3. For the purposes of this Article, Article 3, Article 4(1), Articles 5 to 7, Article 8(1) to (5), Article 9(2) to (4), Articles 10 to 13, Article 15, Article 17
Amendment 71 #
Proposal for a regulation Article 41 a – paragraph 4 4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1
Amendment 72 #
Proposal for a regulation Article 41 a – paragraph 5 5. Persons referred to in paragraph 1 who have been detained during the procedure referred to in Article 41
Amendment 73 #
Proposal for a regulation Article 41 a – paragraph 6 6. Persons referred to in paragraph 1 who no longer have a right to remain and are not allowed to remain, and who were not detained during the procedure referred
Amendment 74 #
Proposal for a regulation Article 41 a – paragraph 7 7. Detention shall be maintained for as short a period as possible, and only as long as
Amendment 75 #
Proposal for a regulation Article 41 a – paragraph 8 8. Member States that, following the rejection of an application in the context of the procedure referred to in Article 41, issue a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399,
Amendment 76 #
Proposal for a regulation Article 41 b – title (new) Personnel in the border procedure
Amendment 77 #
Proposal for a regulation Article 41 b – paragraph 1 (new) 1. In accordance with Article 5 of this Regulation, Member States shall provide the determining authority with sufficient personnel who have the appropriate knowledge and have received the necessary training, including on fundamental rights, to carry out its tasks in the context of the border procedure.
Amendment 78 #
2. By ... [six months after the date of entry into force of this Regulation] the European Union Agency for Asylum shall issue guidelines, in cooperation with national authorities and other Union bodies, offices and agencies, to assist Member States with the planning and allocation of the appropriate level of personnel, for the purposes of paragraph 1 of this Article, in accordance with Article 13 of Regulation (UE) 2021/2303. Those guidelines shall specify the requirements for personnel in order to be able to comply with procedural and reception requirements, in terms of number, type and qualifications.
Amendment 79 #
Proposal for a regulation Article 41 b – paragraph 3 (new) 3. Where the European Union Agency for Asylum considers that the availability and capacity of personnel is insufficient on the basis of Article 14(3), point (b), of Regulation (EU) 2021/2303, Member States may request the assistance of the Union in accordance with Article 57a of this Regulation.
Amendment 8 #
(40b)
Amendment 80 #
(aa) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, pending the finalisation of the decision declaring that application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented in accordance with Article 42(4);
Amendment 81 #
Proposal for a regulation Article 43 – paragraph 1 – point c Amendment 82 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – introductory part 1. Applicants shall have the right to an effective remedy before a court or tribunal
Amendment 83 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point b (b) a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status;
Amendment 84 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 – point e a (new) (ea) a decision determining the applicant’s age.
Amendment 85 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 2 Amendment 86 #
Proposal for a regulation Article 53 – paragraph 2 2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status.
Amendment 87 #
Without prejudice to the applicant’s right to an oral hearing as a general principle, the court or tribunal may consider that the procedure referred to in the first subparagraph be done through written submissions in the context of the border procedure.
Amendment 88 #
Proposal for a regulation Article 53 – paragraph 4 4.
Amendment 89 #
Proposal for a regulation Article 53 – paragraph 6 Amendment 9 #
Proposal for a regulation Recital 40 b a (new) (40ba) Member States should not apply a border procedure in particular in situations where the applicant is an unaccompanied minor or a minor below the age of 12, is a vulnerable person or has special procedural or reception needs and the necessary support cannot be provided, where there are medical reasons for not applying the border procedure or where conditions of detention are not met as provided for in the Directive XXX/XXX/EU [Reception Conditions Directive] and should cease to apply a border procedure when the grounds or conditions for applying it cease to exist. Age assessment procedures should apply the least intrusive methods and processes. It is important that Member States take into account the European Union Agency for Asylum’s practical guide on age assessment. Age assessment procedures should not include a medical assessment. Where the result of an age assessment is not conclusive or includes an age-range below the age of 12, Member States should assume that the minor is below the age of 12. Competent authorities should conduct appropriate and regular vulnerability checks throughout the border procedure.
Amendment 90 #
Proposal for a regulation Article 53 – paragraph 7 – subparagraph 1 – point a (a) at least
Amendment 91 #
Proposal for a regulation Article 53 – paragraph 7 – subparagraph 1 – point b (b)
Amendment 92 #
Proposal for a regulation Article 53 – paragraph 7 – subparagraph 2 (new) Member States shall extend the time- limits laid down in this paragraph where it is necessary due to the specific circumstances of the application.
Amendment 93 #
Proposal for a regulation Article 53 – paragraph 8 8. The time-limits referred to in paragraph 7 shall start to run from the date when the decision of the determining authority is
Amendment 94 #
Proposal for a regulation Article 53 – paragraph 9 9. Member States
Amendment 95 #
2. Applicants shall have the right to remain on the territory of the Member States until the time-limit within which
Amendment 96 #
Proposal for a regulation Article 54 – paragraph 3 – introductory part 3.
Amendment 97 #
Proposal for a regulation Article 54 – paragraph 3 – point a (a) a decision, including a decision in a border procedure, which rejects an application as unfounded or manifestly unfounded if at the time of the decision any of the circumstances listed in Article 40(1)
Amendment 98 #
Proposal for a regulation Article 54 – paragraph 3 – point b (b) a decision which rejects an application as inadmissible pursuant to Article 36(1)
Amendment 99 #
Proposal for a regulation Article 54 – paragraph 3 – point c (c) a decision which rejects an application as
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https://www.europarl.europa.eu/doceo/document/LIBE-AM-699340_EN.html
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https://www.europarl.europa.eu/doceo/document/LIBE-AM-702964_EN.html
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https://www.europarl.europa.eu/doceo/document/LIBE-AM-697689_EN.html
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http://ec.europa.eu/info/departments/migration-and-home-affairs_en |
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CELEX:52016PC0467:EN
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CELEX:52016PC0467:EN
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