Preparatory phase in Parliament
2017/2270(INL) Humanitarian visas
Legal Basis RoP 046
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | FEMM | ||
| Lead | LIBE | LÓPEZ AGUILAR Juan Fernando (S&D) | BECKER Heinz K. (EPP), HALLA-AHO Jussi (ECR), WIKSTRÖM Cecilia (ALDE), VERGIAT Marie-Christine (GUE/NGL), VALERO Bodil (Verts/ALE), MEUTHEN Jörg (EFD), VILIMSKY Harald (ENF) |
Legal Basis RoP 046
Subjects
Documents
| Amendments | Dossier |
| 219 |
2017/2270(INL)
2018/06/28
FEMM
62 amendments...
Amendment 1 #
Draft opinion Citation 1 a (new) 1a. having regard to Article 51 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code);
Amendment 10 #
Draft opinion Recital A a (new) Aa. whereas the UNHCR Guidelines on Gender-Related Persecution (2002) consider that the refugee definition should cover gender-related claims and urges asylum-grantors to adopt a “gender-sensitive interpretation” of the grounds of protection and ensure a non- discriminatory process;
Amendment 11 #
Draft opinion Recital A b (new) Ab. whereas according to the International Organisation for Migration (IOM) statistics, since 2014 more than 15 thousand migrants have lost their lives or gone missing on the way to Europe in the Mediterranean; and whereas the Central Mediterranean remained the most deadly route with nearly two deaths for every 100 travellers in 2015, which is unacceptable;
Amendment 12 #
Draft opinion Recital A b (new) Ab. whereas humanitarian visas should be regarded as a legal instrument for those whose lives are threatened and not as a regular instrument of the EU´s immigration policy;
Amendment 13 #
Draft opinion Recital A c (new) Ac. whereas the Istanbul Convention, in particular its Article 60, requires the parties to take necessary legislative or other measures to ensure that gender- based violence against women may be recognized as a form of persecution and to ensure that the grounds for asylum listed in the 1951 Refugee Convention are interpreted in a gender-sensitive manner;
Amendment 14 #
Draft opinion Recital B B. whereas
Amendment 15 #
Draft opinion Recital B B.
Amendment 16 #
Draft opinion Recital C C. whereas
Amendment 17 #
Draft opinion Recital C C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union means that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and
Amendment 18 #
Draft opinion Recital C C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union means that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women
Amendment 19 #
Draft opinion Recital C C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union means that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and LGBTI persons, such as rape, violence and being targets of smugglers and traffickers to be sexually and economically exploited;
Amendment 2 #
Draft opinion Citation 1 b (new) 1b. having regard to the judgment of the CJEU in case C-638/16 PPU of 7 March 20172
Amendment 20 #
Draft opinion Recital C a (new) Ca. whereas the creation of humanitarian visa will grant vulnerable people and those individuals that face specific challenges such as ill people, people with disabilities, families, women, pregnant women, children, elderly and LGTBI access to asylum procedures and humanitarian protection, travelling in a safe way to Europe where their asylum or humanitarian claim would be processed;
Amendment 21 #
Draft opinion Recital C a (new) Ca. whereas women and girls can be subject to specific forms of gender-related persecution and discrimination in the countries of origin, including but not limited to female genital mutilation, forced marriage, domestic violence, rape, sexual violence, and ‘honour crimes’;
Amendment 22 #
Draft opinion Recital C a (new) Ca. whereas granting a visa does not solve the problem that many refugees living in reception centres in the European Union, in particular women and children with Christian beliefs, face multiple kinds of violence, including sexual violence;
Amendment 23 #
Draft opinion Recital C a (new) Ca. whereas according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea arrivals to Italy, Greece and Spain 1a; the large gender discrepancy is related to women’s specific vulnerability including economic and other dependencies; __________________ 1a https://data2.unhcr.org/en/documents/do wnload/63039
Amendment 24 #
Draft opinion Recital C b (new) Cb. whereas criminal groups, smugglers and traffickers take advantage of the lack of safe passage into Europe, and women and girls who are in need of international protection become particularly vulnerable to sexual exploitation and are being forced to survival sex in exchange for continuing their journey, and therefore these women and girls are more exposed to the risk of sexually transmitted diseases, including HIV;
Amendment 25 #
Draft opinion Recital C b (new) Cb. whereas women, girls and children face high risks of being raped, suffer from sexual and physical abuse and violence and tend to be more vulnerable to all forms of exploitation including labour exploitation and forced prostitution along the routes to the EU;
Amendment 26 #
Draft opinion Recital C c (new) Cc. whereas girls and women victims of gender-based violence who are in need of international protection may be reluctant to identify the true extent of the persecution suffered or feared and therefore, they require a supportive environment that they can be reassured of the confidentiality;
Amendment 27 #
Draft opinion Paragraph -1 (new) -1. Emphasises the pressing need of safe and legal pathways to the European union, of which Humanitarian visas should be one; This is important from a gender perspective since women and LGBTI persons are particularly vulnerable and therefore more exposed to sexual and gender-based violence along routes and in reception centres.
Amendment 28 #
Draft opinion Paragraph 1 1.
Amendment 29 #
Draft opinion Paragraph 1 1. Emphasizes that oftentimes vulnerable economic and other type of dependenc
Amendment 3 #
Draft opinion Recital A A. whereas
Amendment 30 #
Draft opinion Paragraph 1 1.
Amendment 31 #
Draft opinion Paragraph 1 a (new) 1a. Points out that these persons continue to receive the protection of their government when they return to their country of origin;
Amendment 32 #
Draft opinion Paragraph 2 2.
Amendment 33 #
Draft opinion Paragraph 2 2. Condemns the
Amendment 34 #
Draft opinion Paragraph 2 2. Condemns the ongoing situation where
Amendment 35 #
Draft opinion Paragraph 2 2. Condemns the ongoing situation where in order to seek asylum in the EU, women and girls
Amendment 36 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that gender-based violence, including sexual violence, has serious consequences on women and girls’ life and health, which could affect the mental health of women and lead to post-traumatic stress disorder, and anxiety and depression;
Amendment 37 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the need for funding to support, specifically, the more vulnerable women and girls in our society, particularly women with disabilities, women refugees and those who are victims of trafficking and abuse;
Amendment 38 #
Draft opinion Paragraph 2 a (new) 2a. Expresses objections to, and concerns about, the fact that Christians are being persecuted and discriminated against for their faith, including in centres for immigrants;
Amendment 39 #
Draft opinion Paragraph 2 a (new) 2a. Underlines that women, girls, and LGBTI persons who claim a well-founded fear of gender-based persecution need to be able to safely request visas on humanitarian grounds;
Amendment 4 #
Draft opinion Recital A A. whereas
Amendment 40 #
Draft opinion Paragraph 2 b (new) 2b. Is deeply concerned and regrets the deaths and human rights violations at the EU external borders; believes that legal and safe route into the EU is a crucial step for women, girls and minors who are in need of international protection, which will improve their security and safety, prevent them from gender-based violence along migration routes and secure their fundamental rights;
Amendment 41 #
Draft opinion Paragraph 3 3.
Amendment 42 #
Draft opinion Paragraph 3 3. Calls for a separate instrument on humanitarian visas, in addition
Amendment 43 #
Draft opinion Paragraph 3 3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission, to be established at the Union level and calls on the Commission to deliver the
Amendment 44 #
Draft opinion Paragraph 3 3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission,
Amendment 45 #
Draft opinion Paragraph 3 3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission, to be established at the Union level in order to provide an additional safe and legal access to the EU territory for persons in need of international protection and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecution.
Amendment 46 #
Draft opinion Paragraph 3 a (new) 3a. Calls for all available financial, legal and political resources to be mobilised at EU level to help refugees in their country of origin, and in particular for an end to be brought to conflicts and the exploitation of natural resources by multinationals, which creates poverty and causes locals to flee their country for economic reasons; calls for all available resources be mobilised at EU level to help refugees in the reception centres assigned to them, so that as soon as the conflicts end they can return to their homes; calls for the creation of a special emergency aid instrument for refugees, especially children, with a view to giving them access to basic healthcare and education;
Amendment 47 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to incorporate a gender perspective into the proposal, to respect for the existing international and European guidelines and legal instruments, and to recognize gender-based persecution as a valid ground for seeking international protection;
Amendment 48 #
Draft opinion Paragraph 3 a (new) 3a. Calls for the instrument of humanitarian visa to take especially into account the gender related claims of women and to implement in the visa process the recommendations of the 2002 UNHCR gender guidelines to ensure a process without discrimination;
Amendment 49 #
Draft opinion Paragraph 3 a (new) 3a. Points out that Member States should be given back control of their borders and should be free not to authorise the free movement of persons holding a humanitarian visa;
Amendment 5 #
Draft opinion Recital A A. whereas
Amendment 50 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Member States to provide necessary and sufficient trainings to staffs and health professionals involved in dealing with children, girls and women victims of gender-based violence when they arrive in the EU, in order to provide specialised assistance and care services, including sexual and reproductive healthcare and psychological support;
Amendment 51 #
Draft opinion Paragraph 3 b (new) 3b. Points out that the instrument of humanitarian visa should also include humanitarian protection claims based on health conditions, compelling family grounds when these do not amount to grounds for family reunification, climate displacement reasons and other compelling cases of humanitarian protection needs.
Amendment 52 #
Draft opinion Paragraph 3 c (new) 3c. Highlights that gendered forms of violence and discrimination, including but not limited to rape and sexual violence, FGM, forced marriage, domestic violence, so-called honour crimes and state- sanctioned gender discrimination, constitute persecution and should be valid reasons for seeking asylum or humanitarian protection and therefore be reflected in the new instrument;
Amendment 53 #
Draft opinion Paragraph 3 c (new) 3c. Regrets that some Member States have not ratified the Istanbul Convention and reiterates its call for all Member States to ratify the Istanbul Convention and to fully implement it without any delay;
Amendment 54 #
Draft opinion Paragraph 3 d (new) 3d. Calls on the Commission to issue new gender guidelines to ensure the inclusion of the gender perspective in all phases of the asylum procedure and in compliance with the 2002 UNCHR Gender guidelines processes should grant the choice of the gender of the interviewer and take country information relating to the situation of women into account;
Amendment 55 #
Draft opinion Paragraph 3 d (new) 3d. Calls for shared responsibility and close cooperation among the European countries, international organizations, relevant stakeholders and sectors at different levels;
Amendment 56 #
Draft opinion Paragraph 3 e (new) 3e. Alerts that the new instrument of humanitarian visa cannot serve as a way to shift the responsibility to assess refugees’ claims to countries outside Europe but as a way to ensure asylum seekers and person in need of humanitarian protection travel safe to Europe where their claim then would be processed; whereas proposals such as the disembarkation platforms fundamentally undermine the core principles of international and European refugee protection;
Amendment 57 #
Draft opinion Paragraph 3 e (new) 3e. Calls on the Commission and the Member States to improve the collection of sex-disaggregated data in current refugee crisis and to ensure that a gender equality perspective is incorporated into relevant asylum policies;
Amendment 58 #
Draft opinion Paragraph 3 f (new) 3f. Reminds the Commission and the Member States that the protection of persons in need of international protection is an issue which concerns all and a common response based on the principle of solidarity shall be given;
Amendment 59 #
Draft opinion Paragraph 3 f (new) 3f. Reminds that legislation and policies to combat human smuggling should never prevent access to EU asylum procedures and should seek to help migrant and refugees avoid exploitative harmful situations;
Amendment 6 #
Draft opinion Recital A A. whereas
Amendment 60 #
Draft opinion Paragraph 3 g (new) 3g. Calls on the Commission proposal to take account of women and girls who are victims of gender-based violence in countries of origin and are in need of international protection, such as their application might be prioritised in order to reduce the waiting time, and they should be able to be interviewed separately and be informed of the choice to have interviewers and interpreters of the same sex as themselves; recommends that special assistance to be given to these women and girls during the application of humanitarian visas and when necessary, second or subsequent interviews should be conducted; addresses that the interviewers should receive sufficient trainings before conducting the interviews;
Amendment 61 #
Draft opinion Paragraph 3 g (new) 3g. Criticises the designation of third countries as safe countries of origin, safe third countries and first countries of asylum and underlines that even in countries deemed safe, women may suffer gender-based persecution, while LGBTI persons may also suffer abuse, thus having a legitimate request for protection;
Amendment 62 #
Draft opinion Paragraph 3 h (new) 3h. Calls for an immediate end to the detention of children, pregnant and nursing women and survivors of rape, sexual violence and trafficking, and for appropriate psychological support to be made available;
Amendment 7 #
Draft opinion Recital A A. whereas gender is a ground for
Amendment 8 #
Draft opinion Recital A a (new) Aa. whereas, according to the Article 79 (1) of the TFEU, the Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings; whereas, according to the Article 79 (2c) of the TFEU, the European Parliament and the Council, shall adopt measures in the area of illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;
Amendment 9 #
Draft opinion Recital A a (new) Aa. whereas in current refugee crisis, single women travelling alone or with children, women heads of household, pregnant and lactating women, people with disabilities, adolescent girls and elderly women are among those who are particularly vulnerable along migration routes to Europe and are facing particular greater risks of gender-based violence;
source: 623.950
2018/09/03
LIBE
157 amendments...
Amendment 1 #
Motion for a resolution Heading 1 with recommendations to the Commission on European Humanitarian Visas
Amendment 10 #
Motion for a resolution Recital A A. whereas despite numerous announcements and requests for safe legal pathways for persons
Amendment 100 #
Motion for a resolution Annex I – paragraph 1 – indent 10 – provide that the documents submitted be assessed, including as regards their authenticity, by
Amendment 101 #
Motion for a resolution Annex I – paragraph 1 – indent 10 a (new) – guarantee that the visa can be issued as a preventive measure to rule out any violation of the principle of non- refoulement and that the benefit of the doubt will be granted to the applicant, unless there is irrefutable evidence from independent sources to justify turning down the visa application;
Amendment 102 #
Motion for a resolution Annex I – paragraph 1 – indent 11 – provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm without conducting a full status determination process; points out that 'prima facie' assessments must not be part of the refugee status determination process and that the assessment must not predetermine the granting or otherwise of refugee status, as that decision will only be taken when the applicant arrives, following detailed consideration of the asylum application,
Amendment 103 #
Motion for a resolution Annex I – paragraph 1 – indent 11 – provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm, in particular in the light of the list of 'safe countries', without conducting a full status determination process,
Amendment 104 #
Motion for a resolution Annex I – paragraph 1 – indent 11 – provide that applications for such a visa, once declared admissible, be assessed
Amendment 105 #
Motion for a resolution Annex I – paragraph 1 – indent 11 – provide that applications for such a visa,
Amendment 106 #
– provide that applications for such a visa
Amendment 107 #
Motion for a resolution Annex I – paragraph 1 – indent 11 a (new) – whereas a list of safe first countries of asylum within the meaning of Article 33 et seq. of the Asylum Procedures Directive (Directive 2013/32/EU) must be drawn up in advance; whereas Turkey, Lebanon and Jordan at least should be counted among such safe transit countries, save in exceptional situations where individual applicants may not receive appropriate treatment on entry because of factors such as their ethnic or cultural background, state of health, etc.,
Amendment 108 #
Motion for a resolution Annex I – paragraph 1 – indent 12 – provide that each applicant for such a visa be subject to a security screening, including by searching
Amendment 109 #
Motion for a resolution Annex I – paragraph 1 – indent 12 – provide that
Amendment 11 #
Motion for a resolution Recital A a (new) Aa. whereas - as a result - an estimated 90% of those granted international protection have reached the Union through irregular means and, since 2014, more than 17,000 migrant fatalities were recorded at Europe's external borders, a figure that represents approximately two thirds (66%) of the total number of deaths and disappearances recorded worldwide by the IOM1a; _________________ 1aSee: International Organization for Migration (IOM), Missing Migrants Project
Amendment 110 #
Motion for a resolution Annex I – paragraph 1 – indent 12 – provide that each applicant for such a visa be subject to a security screening
Amendment 111 #
Motion for a resolution Annex I – paragraph 1 – indent 13 Amendment 112 #
Motion for a resolution Annex I – paragraph 1 – indent 13 – provide that such visa applications shall be decided on within 15 calendar days of the date of lodging the application,
Amendment 113 #
Motion for a resolution Annex I – paragraph 1 – indent 13 – provide that such visa applications
Amendment 114 #
Motion for a resolution Annex I – paragraph 1 – indent 14 Amendment 115 #
Motion for a resolution Annex I – paragraph 1 – indent 14 – provide that the decision on the application be communicated to the applicant and that it be individualised, written and motivated, in a language that the applicant can understand, setting out the relevant deadlines and details of appeal procedures,
Amendment 116 #
Motion for a resolution Annex I – paragraph 1 – indent 14 – provide that the decision on the application be duly communicated to the applicant in a language that he or she can understand and that it be individualised, written and motivated,
Amendment 117 #
Motion for a resolution Annex I – paragraph 1 – indent 15 Amendment 118 #
Motion for a resolution Annex I – paragraph 1 – indent 15 – provide that a third-country national refused such a visa have the
Amendment 119 #
Motion for a resolution Annex I – paragraph 1 – indent 15 – provide that a third-country national refused such a visa have the possibility for an appeal and be given redress as is currently foreseen in the case of a refusal of a short-
Amendment 12 #
Motion for a resolution Recital A a (new) Aa. whereas according to recent case law 'Member States are not required, under EU law, to grant a humanitarian visa to persons who wish to enter their territory with a view to applying for asylum, but they remain free to do so on the basis of their national law' (Case C- 638/16 PPU X and X v État belge);
Amendment 120 #
Motion for a resolution Annex I – paragraph 1 – indent 16 Amendment 121 #
Motion for a resolution Annex I – paragraph 1 – indent 16 – provide for such visas to be issued by means of a common sticker, and registered in a common European database,
Amendment 122 #
Motion for a resolution Annex I – paragraph 1 – indent 16 – provide for such visas to be issued by means of a common sticker and inserted into VIS,
Amendment 123 #
Motion for a resolution Annex I – paragraph 1 – indent 17 – provide that once a humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa
Amendment 124 #
Motion for a resolution Annex I – paragraph 1 – indent 17 – provide that once a European humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international or humanitarian protection in that Member State,
Amendment 125 #
Motion for a resolution Annex I – paragraph 1 – indent 17 – provide that once a humanitarian visa is issued it allows its holder to enter at his or her own expense the territory of the Member State issuing the visa for the sole purpose of making an application for international protection in that Member State,
Amendment 126 #
– provide that once a humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa for the sole purpose of
Amendment 127 #
Motion for a resolution Annex I – paragraph 1 – indent 17 a (new) – provide that, once a European humanitarian visa is issued and its holder has reached the territory of the EU, the EU’s common asylum acquis and procedures shall apply, including Regulation (EU) No XXX/XXX [Dublin Regulation] and Regulation (EU) No XXX/XXX [Asylum Procedures Regulation] and the rights enshrined therein,
Amendment 128 #
Motion for a resolution Annex I – paragraph 1 – indent 18 Amendment 129 #
Motion for a resolution Annex I – paragraph 1 – indent 18 – provide that applications for such a visa be assessed by properly trained staff
Amendment 13 #
Motion for a resolution Recital A a (new) Aa. whereas, despite the lack of a European framework, some Member States are already issuing residence permits on humanitarian grounds;
Amendment 130 #
Motion for a resolution Annex I – paragraph 1 – indent 19 Amendment 131 #
Motion for a resolution Annex I – paragraph 1 – indent 19 – provide that
Amendment 132 #
Motion for a resolution Annex I – paragraph 1 – indent 20 Amendment 133 #
Motion for a resolution Annex I – paragraph 1 – indent 20 Amendment 134 #
Motion for a resolution Annex I – paragraph 1 – indent 20 – provide that
Amendment 135 #
Motion for a resolution Annex I – paragraph 1 – indent 21 – provide that
Amendment 136 #
Motion for a resolution Annex I – paragraph 1 – indent 22 – provide that Member States cooperate with each other,
Amendment 137 #
Motion for a resolution Annex I – paragraph 1 – indent 23 – provide that information on the procedures and conditions of such a visa as well as about the
Amendment 138 #
Motion for a resolution Annex I – paragraph 1 – indent 24 Amendment 139 #
Motion for a resolution Annex I – paragraph 1 – indent 24 Amendment 14 #
Motion for a resolution Recital B Amendment 140 #
Motion for a resolution Annex I – paragraph 1 – indent 24 Amendment 141 #
Motion for a resolution Annex I – paragraph 1 – indent 24 – be implemented in several stages, beginning with a transition period of two years before its provisions become
Amendment 142 #
Motion for a resolution Annex I – paragraph 1 – indent 25 – be evaluated after two years from the start of its application
Amendment 143 #
Motion for a resolution Annex I – paragraph 1 – indent 25 – be evaluated after two years from the start of its application
Amendment 144 #
Motion for a resolution Annex I – paragraph 1 – indent 25 – be evaluated after two years from the
Amendment 145 #
Motion for a resolution Annex I – paragraph 1 – indent 25 – where a final legislative proposal is forthcoming, be evaluated after two years from the start of its application in view of deciding on a further progressive roll-out
Amendment 146 #
Motion for a resolution Annex I – paragraph 1 – indent 26 – provide for significant financial
Amendment 147 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 1 – the Visa Code to clarify
Amendment 148 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 1 – the Visa Code to clarify that for persons seeking international protection other provisions
Amendment 149 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 1 – the Visa Code to clarify that for persons seeking international protection or humanitarian protection the provisions of the act establishing a European Humanitarian Visa apply,
Amendment 15 #
Motion for a resolution Recital B B. whereas the number of persons admitted on the basis of national protected entry procedures or through resettlement remain low in comparison to the need, with significant disparities between Member States; whereas the scope of these possibilities is equally narrow and in case of resettlement only includes persons who have already been recognised as refugees and who fulfil further vulnerability or geographical criteria;
Amendment 150 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 2 – the Visa Information System to provide for applications for a European humanitarian visa to be entered into that system,
Amendment 151 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 3 Amendment 152 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 3 – the Schengen Borders Code to adjust the entry conditions for persons
Amendment 153 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 5 Amendment 154 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 5 Amendment 155 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 5 Amendment 156 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 5 – the instruments constituting the Common European Asylum System, in particular the Dublin Regulation and the Asylum Procedures Directive,
Amendment 157 #
Motion for a resolution Annex I – paragraph 1 – indent 27 – subi. 5 a (new) – Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 and to Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 in order to exempt carriers transporting third-country nationals from liability, obligations and penalties where the third- country nationals involved declare their intention to apply for international or humanitarian protection in the territory of the Member States.
Amendment 16 #
Motion for a resolution Recital B B. whereas the number of persons admitted on the basis of national
Amendment 17 #
Motion for a resolution Recital B B. whereas
Amendment 18 #
Motion for a resolution Recital B a (new) Ba. whereas European humanitarian visas should be complementary to and not substitute the already existing national entry procedures for humanitarian protection, resettlement procedures and spontaneous applications under international refugee law;
Amendment 19 #
Motion for a resolution Recital C Amendment 2 #
Motion for a resolution Citation 2 a (new) – having regard to the European Added Value Assessment on Humanitarian Visas prepared by the European Parliamentary Research Service,
Amendment 20 #
Motion for a resolution Recital C C. whereas - as a result - an estimated 90% of those granted international protection have reached the Union through irregular means, which leads to them being stigmatised before they even arrive at the external borders of the Member States, in complete disregard for their fundamental rights;
Amendment 21 #
Motion for a resolution Recital C C. whereas
Amendment 22 #
Motion for a resolution Recital C C. whereas
Amendment 23 #
Motion for a resolution Recital C a (new) Amendment 24 #
Motion for a resolution Recital C a (new) Ca. whereas less than half (47%) of those applying for international protection are granted it at first instance; and with poor return rates (36%) this equates to high rates of absconding from those refused;
Amendment 25 #
Motion for a resolution Recital C a (new) Ca. whereas, according to Eurostat, in many Member States most asylum applications are rejected as unfounded;
Amendment 26 #
Motion for a resolution Recital D D. whereas
Amendment 27 #
Motion for a resolution Recital D D. whereas the human cost of these policies has been put at 30 000 deaths at least at the EU's borders since 2000; whereas a Union legal framework is urgently needed as one means to address the intolerable death toll in the Mediterranean and on the migration routes to the Union, to truly combat human smuggling
Amendment 28 #
Motion for a resolution Recital D D. whereas a Union legal framework is urgently needed as one means to address the intolerable death toll in the Mediterranean and on the migration routes to the Union, to truly combat human smuggling,
Amendment 29 #
Motion for a resolution Recital D a (new) Da. whereas there is currently no EU scheme for humanitarian visas per se; whereas under existing schemes Member States can issue visas on humanitarian grounds under Article 25 of the Visa Code, however this is left to the discretion of the individual Member States, resulting in low issuance rates;
Amendment 3 #
Motion for a resolution Citation 4 a (new) Amendment 30 #
Motion for a resolution Recital D a (new) Da. whereas the new EU legal framework must not act as an additional pull factor for irregular immigration or an incentive to circumvent the asylum system, but rather harmonise existing practices;
Amendment 31 #
Motion for a resolution Recital E E. whereas Parliament
Amendment 32 #
Motion for a resolution Recital F F. whereas both Council and the Commission have rejected these amendments, on the ground, among others, that, under the case law established by the European Court of Justice, such provisions should not be included in the Visa Code, given its scope covering short- stay visas only;
Amendment 33 #
Motion for a resolution Recital F F. whereas
Amendment 34 #
Motion for a resolution Recital F a (new) Fa. whereas the Schengen Border Code (SBC), which seeks to lay down rules on the monitoring of persons crossing or manifestly intending to cross the EU's external borders, fails to take proper account of the situation of asylum seekers, neither in the general criteria set out in its Article 6 nor in the exceptions it lays down, despite the references to non- refoulement and to the obligations concerning access to international protection in its Articles 3 and 4;
Amendment 35 #
Motion for a resolution Recital G Amendment 36 #
Motion for a resolution Recital G G. whereas Parliament, faced with the Commission
Amendment 37 #
Motion for a resolution Recital G G. whereas Parliament, faced with the Council's and Commission’s inaction, has therefore decided to proceed with drawing up this legislative own-initiative report on European humanitarian visas;
Amendment 38 #
Motion for a resolution Recital H Amendment 39 #
Motion for a resolution Recital H H. whereas intensive work was undertaken, including with the help of experts, to draw up the recommendations which are annexed to this motion, the result is a proposal which encourages the smugglers' business model, with a fast- track route to the EU territory provided at the expense of EU taxpayers;
Amendment 4 #
Motion for a resolution Citation 4 a (new) – having regard to Article 5 TEU, and Protocol No 2 on the application of the principles of subsidiarity and proportionality
Amendment 40 #
Motion for a resolution Paragraph 1 1.
Amendment 41 #
Motion for a resolution Paragraph 1 1. Requests that Commission
Amendment 42 #
Motion for a resolution Paragraph 1 1. Re
Amendment 43 #
Motion for a resolution Paragraph 1 1. Re
Amendment 44 #
Motion for a resolution Paragraph 1 1. Requests that Commission submit, by 31 March 2019, on the basis of Article
Amendment 45 #
Motion for a resolution Paragraph 1 1. Requests that Commission submit, by 31 March 2019, on the basis of Article
Amendment 46 #
Motion for a resolution Paragraph 1 a (new) 1a. States that this new and misleading interpretation of humanitarian visas could create more problems than it solves: a pull factor for third-country nationals, mass influx at embassies and consulates that would possibly lead to their closure, an increasing number of illegally staying third-country nationals in Member States due to the fact that there will continue to be negative asylum decisions;
Amendment 47 #
Motion for a resolution Paragraph 1 b (new) 1b. Expresses serious doubts that such an instrument establishing a European Humanitarian Visa would be able to stop the problems of smugglers, illegal immigration or attempts to cross the Mediterranean;
Amendment 48 #
Motion for a resolution Paragraph 1 c (new) 1c. Aims to stop migration as close to its origin as possible by, on the one hand, tackling the root causes of migration and by, on the other hand, establishing reception centres in third countries for those who are already on their way;
Amendment 49 #
Motion for a resolution Paragraph 1 d (new) 1d. Expresses the objective that asylum applications be dealt with outside the Union in third countries, in particular in Union-led reception centres, in order to prevent people from embarking on dangerous immigration routes such as the Mediterranean;
Amendment 5 #
Motion for a resolution Citation 4 b (new) – having regard to the 1951 Geneva Convention relating to the Status of Refugees and Protocol of 1967,
Amendment 50 #
Motion for a resolution Paragraph 2 Amendment 51 #
Motion for a resolution Paragraph 2 2.
Amendment 52 #
Motion for a resolution Paragraph 3 3.
Amendment 54 #
Motion for a resolution Annex I – paragraph 1 – subheading 1 Amendment 55 #
Motion for a resolution Annex I – paragraph 1 – indent 1 Amendment 56 #
Motion for a resolution Annex I – paragraph 1 – indent 2 – have Articles 77(2)(b) and 78(2)(
Amendment 57 #
Motion for a resolution Annex I – paragraph 1 – indent 2 – may have Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union as legal basis,
Amendment 58 #
Motion for a resolution Annex I – paragraph 1 – indent 2 – have Article
Amendment 59 #
Motion for a resolution Annex I – paragraph 1 – indent 2 – have Article
Amendment 6 #
Motion for a resolution Citation 4 c (new) – having regard to the UN Global Compact for Safe, Orderly and Regular Migration (GCM) and to the UN Global Compact on Refugees which followed the New York Declaration for Refugees and Migrants adopted unanimously by the United Nations General Assembly on 19 September 2016,
Amendment 60 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – introductory part –
Amendment 61 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – subi. –1 (new) -1. Practical implementation by the European Union and its Member States of their international obligations, in particular under Article 13 of the Universal Declaration of Human Rights, the 1951 Convention on the status of refugees and the 1967 Protocol on the status of refugees;
Amendment 62 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – subi. 1 –
Amendment 63 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – subi. 1 – the current legal gap in Union law which, in addition to resettlement procedures applicable to vulnerable refugees, does not foresee
Amendment 64 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – subi. 2 – the risk of fragmentation as Member States increasingly set up their own programmes of humanitarian admission and procedures,
Amendment 65 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – subi. 2 – the risk of fragmentation as Member States increasingly set up their own programmes of humanitarian admission and procedures, going against the general aim under Article 78(1) of the Treaty on the Functioning of the European Union to develop a common policy on asylum and subsidiary and temporary protection, and leading also to the risk that these different schemes undermine the uniform application of the common
Amendment 66 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – subi. 3 – the high costs, in human but also in social, economic and budgetary terms, associated with the status quo for the third- country nationals concerned (smuggler fees, risk of trafficking and exploitation, risk of persecution, risk of mortality and ill treatment, etc.) and for Member States and the Union (elevated
Amendment 67 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – subi. 4 – the added value of
Amendment 68 #
Motion for a resolution Annex I – paragraph 1 – indent 3 – subi. 4 – the added value of Union action, in terms of ensuring compliance with Union values, including fundamental rights, mutual trust between Member States and confidence in the system by asylum seekers, legal certainty, foreseeability, and the
Amendment 69 #
Motion for a resolution Annex I – paragraph 1 – indent 4 – recall that the so-called Asylum
Amendment 7 #
Motion for a resolution Recital A A. whereas despite numerous announcements and requests for safe legal pathways offering access to European territory for persons seeking international protection there is currently no harmonisation at EU level of protected entry procedures (PEPs) and no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seek international protection, even though the Charter of Fundamental Rights of the European Union recognises a 'right of asylum';
Amendment 70 #
Motion for a resolution Annex I – paragraph 1 – indent 4 – recall that the so-called Asylum Procedures2 Directive
Amendment 71 #
Motion for a resolution Annex I – paragraph 1 – indent 4 – recall that the so-called Common European Asylum System, including the Asylum Procedures Directive2 and Dublin Regulation3 only apply on the territory of the Member States, while there is, at present, no regular means for asylum applicants to reach the territory where these instruments apply, _________________ 2 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 3 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a
Amendment 72 #
Motion for a resolution Annex I – paragraph 1 – indent 4 a (new) – stresses that, after the submission of an asylum application in a Member State, the EU’s Common European Asylum System shall apply, including the Regulation (EU) No XXX/XXX [Dublin Regulation] and Regulation (EU) No XXX/XXX [Asylum Procedures Regulation],
Amendment 73 #
Motion for a resolution Annex I – paragraph 1 – indent 4 a (new) – is of the view that a regulation for humanitarian visas should be complementary, in particular to the resettlement regulation, and provide a clear added value which cannot be provided by the instruments of the Common European Asylum System,
Amendment 74 #
Motion for a resolution Annex I – paragraph 1 – indent 4 b (new) – stresses that a refusal of an application for a European humanitarian visa does not affect in any way the right to apply for asylum within the EU nor does it prevent the applicant to enter other available protection schemes,
Amendment 75 #
Motion for a resolution Annex I – paragraph 1 – indent 4 c (new) – recall that resettlement procedures have a limited scope and apply to the most vulnerable individuals who have been registered as refugees with UNHCR and stresses that humanitarian visas should be complementary to, but not substitute, resettlement procedures,
Amendment 76 #
Motion for a resolution Annex I – paragraph 1 – indent 5 – have as an objective to lay down provisions on the procedures and conditions for issuing a European humanitarian visa to persons seeking international or humanitarian protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international or humanitarian protection in that Member State,
Amendment 77 #
Motion for a resolution Annex I – paragraph 1 – indent 5 – have as an objective to lay down provisions on the procedures and
Amendment 78 #
Motion for a resolution Annex I – paragraph 1 – indent 5 – may have as an objective to lay down
Amendment 79 #
Motion for a resolution Annex I – paragraph 1 – indent 6 – cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014 , and who are in need of protection against a real risk of being exposed to persecution or serious harm, as defined in Directive 2011/95/EU5
Amendment 8 #
Motion for a resolution Recital A A. whereas
Amendment 80 #
Motion for a resolution Annex I – paragraph 1 – indent 6 – cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014
Amendment 81 #
Motion for a resolution Annex I – paragraph 1 – indent 6 – cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation
Amendment 82 #
Motion for a resolution Annex I – paragraph 1 – indent 6 – cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014 , and who are in need of protection
Amendment 83 #
Motion for a resolution Annex I – paragraph 1 – indent 6 a (new) – cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/2001, and who are in need of humanitarian protection when this does not amount to protection under Directive 2011/95/EU. Humanitarian protection should include issues such as vulnerability grounds when these do not amount to grounds allowing for resettlement, health conditions, compelling family grounds when these do not amount to grounds for family reunification and other grounds of humanitarian protection needs, such as in compelling individual cases arising from environmental degradation or climate change,
Amendment 84 #
Motion for a resolution Annex I – paragraph 1 – indent 6 a (new) – the regulation shall not impose an obligation on Member States to issue a humanitarian visa under certain given criteria but shall create a common framework for those Member States that wish to, on a case-by-case basis, issue humanitarian visas in order to facilitate the access to their territory for third country nationals that would otherwise not have been able to regularly enter into their territory in order to seek international protection.
Amendment 85 #
Motion for a resolution Annex I – paragraph 1 – indent 6 b (new) – a Member State that issues such a humanitarian visa shall have access to the same compensation from the AMIF funds as when a Member State receives a refugee through the European Resettlement Framework.
Amendment 86 #
Motion for a resolution Annex I – paragraph 1 – indent 7 – provide for such visa applications to be lodged directly, by electronic means or in writing, at any consulate or embassy of the Member States; in each case, the representation competent to receive a uniform visa application for the purposes of requesting asylum shall be that which is the closest and/or the safest for the applicant, in order to minimise the risk to the applicant of persecution or serious harm,
Amendment 87 #
Motion for a resolution Annex I – paragraph 1 – indent 7 – provide for such visa applications to be lodged directly, by electronic means or in writing, at any consulate or embassy of the Member States, regardless of the applicants' country of origin or citizenship,
Amendment 88 #
Motion for a resolution Annex I – paragraph 1 – indent 7 a (new) – provide procedural guarantees, including legal assistance, information, translation and representation at each stage in procedures, and access to the UNHCR and other relevant organisations which support asylum seekers, in order to safeguard the right to be heard during the interview and throughout the preparation of the application and the process of considering it,
Amendment 89 #
Motion for a resolution Annex I – paragraph 1 – indent 8 – provide for admissibility criteria for such visa applications which match non- refoulement guarantees, including the filling out of an application form, the provision of information on the applicant’s identity, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecution or serious harm, in accordance with Articles 4 and 19(2) of the Charter of Fundamental Rights,
Amendment 9 #
Motion for a resolution Recital A A. whereas despite numerous announcements and requests for safe and legal pathways for persons seeking international or humanitarian protection there is currently no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seek international or humanitarian protection;
Amendment 90 #
Motion for a resolution Annex I – paragraph 1 – indent 8 – provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant’s identity in the form of identity papers, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecution or serious harm,
Amendment 91 #
Motion for a resolution Annex I – paragraph 1 – indent 8 – provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant’s identity, including biometric identifiers
Amendment 92 #
Motion for a resolution Annex I – paragraph 1 – indent 8 – provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant’s identity, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of
Amendment 93 #
Motion for a resolution Annex I – paragraph 1 – indent 8 – provide for
Amendment 94 #
Motion for a resolution Annex I – paragraph 1 – indent 9 – provide that the applicant for such a visa be invited to an interview, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality, taking account of the vulnerability of the applicant; points out that that interview should not predetermine the granting or otherwise of refugee status, as that decision will only be taken when the applicant arrives, following detailed consideration of the subsequent asylum application and in accordance with the guarantee of a fair trial under the ordinary procedure provided for in Directive 2013/32/EU,
Amendment 95 #
Motion for a resolution Annex I – paragraph 1 – indent 9 – provide that the applicant for such a visa be invited to an interview (with the assistance of an interpreter if necessary), which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
Amendment 96 #
Motion for a resolution Annex I – paragraph 1 – indent 9 – provide that the applicant for such a visa be invited to an interview with qualified interpretation if necessary, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
Amendment 97 #
– provide that the applicant for such a visa may be invited to an interview, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
Amendment 98 #
Motion for a resolution Annex I – paragraph 1 – indent 10 – provide that the documents submitted be assessed, including as regards their authenticity, by
Amendment 99 #
Motion for a resolution Annex I – paragraph 1 – indent 10 – provide that
source: 627.032
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History
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