2020/0279(COD) Asylum and migration management
Lead committee dossier:
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
TOBÉ Tomas ( EPP)
|
BARTOLO Pietro ( S&D),
KELLER Fabienne ( Renew),
CARÊME Damien ( Verts/ALE),
TARDINO Annalisa ( ID),
SOFO Vincenzo ( ECR),
ERNST Cornelia ( GUE/NGL)
|
| Committee Opinion | AFET | ||
| Committee Opinion | EMPL | ||
| Committee Opinion | JURI | ||
| Committee Opinion | BUDG | ||
| Committee Legal Basis Opinion | JURI |
DURAND Pascal ( Renew)
|
Lead committee dossier:
Legal Basis:
RoP 40, TFEU 078-p2
Legal Basis:
RoP 40, TFEU 078-p2Subjects
Events
2022/05/18
EP - Specific opinion
Documents
2022/01/01
EP - DURAND Pascal (Renew) appointed as rapporteur in JURI
2021/12/09
EP - Amendments tabled in committee
Documents
2021/12/09
EP - Amendments tabled in committee
Documents
2021/12/09
EP - Amendments tabled in committee
Documents
2021/12/09
EP - Amendments tabled in committee
Documents
2021/12/09
EP - Amendments tabled in committee
Documents
2021/12/09
EP - Amendments tabled in committee
Documents
2021/12/09
EP - Amendments tabled in committee
Documents
2021/10/11
EP - Committee draft report
Documents
2021/04/15
EL_PARLIAMENT - Contribution
Documents
2021/03/29
RO_SENATE - Contribution
Documents
2021/02/18
DE_BUNDESRAT - Contribution
Documents
2021/02/05
IT_SENATE - Reasoned opinion
Documents
2021/01/25
HU_PARLIAMENT - Reasoned opinion
Documents
2021/01/21
SK_PARLIAMENT - Reasoned opinion
Documents
2021/01/19
PT_PARLIAMENT - Contribution
Documents
2020/12/14
ES_PARLIAMENT - Contribution
Documents
2020/11/30
EDPS - Document attached to the procedure
Documents
2020/11/30
EP - TOBÉ Tomas (EPP) appointed as rapporteur in LIBE
2020/11/11
EP - Committee referral announced in Parliament, 1st reading
2020/09/25
EC - Document attached to the procedure
Documents
2020/09/23
EC - Legislative proposal published
Details
PURPOSE: to create a common European framework for migration management, while promoting mutual trust among 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 New Pact on Migration and Asylum represents a fresh start on migration based on a comprehensive approach to migration management.
Since the refugee crisis of 2015-2016, the challenges have changed. Mixed flows of refugees and migrants have meant increased complexity and an intensified need for coordination and solidarity mechanisms. The EU and the Member States have significantly stepped up cooperation on migration and asylum policy. However, inconsistencies between national asylum and return systems, as well as shortcomings in implementation, have exposed inefficiencies and raised concerns about fairness. And at the same time, the proper functioning of migration and asylum policy inside the EU also needs reinforced cooperation on migration with partners outside the EU.
A comprehensive approach is therefore needed which acknowledges collective responsibilities, addresses the most fundamental concerns expressed in the negotiations since 2016 – in particular in relation to solidarity – and tackles the implementation gap. This approach will build on progress made since 2016 but will also introduce a common European framework and better governance of migration and asylum management, as well as a new solidarity mechanism.
CONTENT: the Commission considers that a comprehensive approach to migration management is required to build mutual trust between Member States, to ensure the consistency of the EU approach on asylum, migration management, external border protection and relations with relevant third countries, whilst recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner.
The proposed Regulation endeavours to establish a common framework that seeks to recognise that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.
It also aims at replacing the current Dublin Regulation and relaunching the reform of the Common European Asylum System (CEAS) through the establishment of a common framework that contributes to the comprehensive approach to migration management through integrated policy-making in the field of asylum and migration management, including both its internal and external components.
Main objectives
In order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole, this proposal aims to:
(1) establish a common framework that contributes to the comprehensive approach to asylum and migration management based on the principles of integrated policy-making and of solidarity and fair sharing of responsibility;
(2) ensure sharing of responsibility through a new solidarity mechanism by putting in place a system to deliver solidarity on a continued basis in normal times and assist Member States with effective measures (relocation or return sponsorship and other contributions aimed at strengthening the capacity of Member States in the field of asylum, reception and return and in the external dimension) to manage migration in practice where they are faced with migratory pressure. This approach also includes a specific process for solidarity to be applied to arrivals following search and rescue operations;
(3) enhance the system's capacity to determine efficiently and effectively a single Member State responsible for examining an application for international protection. In particular, it would limit the cessation of responsibility clauses as well as the possibilities for shift of responsibility between Member States due to the actions of the applicant, and significantly shorten the time limits for sending requests and receiving replies, so as to ensure that applicants will have a quicker determination of the Member State responsible and hence a quicker access to the procedures for granting international protection;
(4) discourage abuses and prevent unauthorised movements of the applicants within the EU, in particular by including clear obligations for applicants to apply in the Member State of first entry or legal stay and remain in the Member State determined as responsible.
More specifically, the proposal lays down the following measures as regards the following:
Improved solidarity mechanism
This proposal provides for a new solidarity mechanism that is flexible and responsive in design in order to be adjustable to the different situations presented by the different migratory challenges faced by the Member States, by setting solidarity measures from among which Member States can choose to contribute. This new approach to solidarity provides continuous and diverse support to Member States under pressure or risk of pressure and includes a specific process to address the specificities of disembarkations following search and rescue (SAR) operations. In addition, Member States shall be able to offer voluntary contributions at any time.
Member States shall be under the obligation to contribute through a share calculated on the basis of a distribution key based on 50% GDP and 50% population. The share of the benefitting Member State shall be included in the distribution key so as to ensure that all Member States are giving effect to the principle of fair sharing of responsibility.
Relocation procedure
The proposed Regulation sets out the procedures to be followed before and after relocation and the obligations of both the benefitting Member State and the Member State of relocation. The obligations of the benefitting Member State include provisions relating to the identification and registration of the persons concerned for the purpose of relocation and the obligation to ensure that the person concerned does not present a danger to national security of public order.
Return sponsorship procedure
A Member State that commits to provide return sponsorship has to engage and closely coordinate with the benefitting Member State in order to determine the specific support measures that are necessary for carrying out the return of individually identified illegally staying third-country nationals from the territory of the benefitting Member State. Based on the result of the coordination between the Member States concerned, the sponsoring Member State would take the necessary measures aimed at facilitating and successfully concluding return procedures, for instance by providing support for assisted voluntary return and reintegration. The sponsoring Member States would implement the supporting measures during a predetermined period of time, set at 8 months. This period would start running from the day in which the Commission adopts an implementing act on solidarity in situations of migratory pressure. When despite the joint efforts by the Member States concerned returns have not been successfully carried out, at the expiry of the 8-month period, the third-country nationals would be transferred onto the territory of the sponsoring Member State.
Guarantees for minors
The rights of unaccompanied minors have also been strengthened through better defining the implementation of the principle of the best interests of the child and by setting out a mechanism for making a best interests of the child-determination in all circumstances implying the transfer of a minor.
Financial support
The proposal provides for financial incentives for relocation. A financial contribution of EUR 10 000 will be given per relocated person (including following return sponsorship if return was not successful). The financial contribution will be EUR 12 000 when the relocated person is an unaccompanied minor. In addition, a financial contribution of EUR 500 will be given to cover the transfer costs of persons in connection with relocation and with the procedures set out in this Regulation.
Budgetary implications
The total financial resources necessary to support the implementation of this proposal amount to EUR 1 113.500 million foreseen for the period 2021-2027. This would cover the operational costs including the transfer costs in the form of lump sums for transfers under this proposed Regulation and for transfers in connection with relocation in the context of the solidarity provisions, relating to relocation of applicants for international protection, beneficiaries of international protection and illegally staying third-country nationals.
Documents
Documents
- Specific opinion: PE732.595
- Amendments tabled in committee: PE702.940
- Amendments tabled in committee: PE702.941
- Amendments tabled in committee: PE702.942
- Amendments tabled in committee: PE702.943
- Amendments tabled in committee: PE702.944
- Amendments tabled in committee: PE702.945
- Amendments tabled in committee: PE702.946
- Committee draft report: PE698.950
- Contribution: COM(2020)0610
- Contribution: COM(2020)0610
- Contribution: COM(2020)0610
- Reasoned opinion: PE680.741
- Reasoned opinion: PE663.300
- Reasoned opinion: PE663.299
- Contribution: COM(2020)0610
- Contribution: COM(2020)0610
- Document attached to the procedure: OJ C 099 23.03.2021, p. 0009
- Document attached to the procedure: N9-0016/2021
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2020)0207
- Legislative proposal published: COM(2020)0610
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2020)0207
- Document attached to the procedure: OJ C 099 23.03.2021, p. 0009 N9-0016/2021
- Reasoned opinion: PE663.299
- Reasoned opinion: PE663.300
- Reasoned opinion: PE680.741
- Committee draft report: PE698.950
- Amendments tabled in committee: PE702.940
- Amendments tabled in committee: PE702.941
- Amendments tabled in committee: PE702.942
- Amendments tabled in committee: PE702.943
- Amendments tabled in committee: PE702.944
- Amendments tabled in committee: PE702.945
- Amendments tabled in committee: PE702.946
- Specific opinion: PE732.595
- Contribution: COM(2020)0610
- Contribution: COM(2020)0610
- Contribution: COM(2020)0610
- Contribution: COM(2020)0610
- Contribution: COM(2020)0610
| Amendments | Dossier |
| 2447 |
2020/0279(COD)
2021/12/09
LIBE
2235 amendments...
Amendment 1000 #
Proposal for a regulation Article 4 – title Amendment 1001 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 1002 #
Proposal for a regulation Article 4 – paragraph 1 1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies in consultation with and with full respect for the competencies of the EU and Member State institutions and agencies responsible for external policies.
Amendment 1003 #
Proposal for a regulation Article 4 – paragraph 1 1. The Union and Member States shall, as far as possible and within the limits of proportionality and subsidiarity, with full respect for the sovereignty of Member States, ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.
Amendment 1004 #
Proposal for a regulation Article 4 – paragraph 1 1. The Union and Member States shall ensure the coherence of asylum
Amendment 1005 #
Proposal for a regulation Article 4 – paragraph 1 1. The Union
Amendment 1006 #
Proposal for a regulation Article 4 – paragraph 1 1. The Union and Member States shall ensure coherence of asylum and migration
Amendment 1007 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. Member States shall ensure the protection of their external borders against any and all foreign incursions, including illegal migration, hybrid attacks and asylum fraud.
Amendment 1008 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 1009 #
Proposal for a regulation Article 4 – paragraph 2 2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3.
Amendment 1010 #
Proposal for a regulation Article 4 – paragraph 2 2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum
Amendment 1011 #
Proposal for a regulation Article 4 – paragraph 2 2. The
Amendment 1012 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 1013 #
2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of
Amendment 1014 #
Proposal for a regulation Article 4 – paragraph 2 2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration
Amendment 1015 #
Proposal for a regulation Article 4 – paragraph 3 3. Member States,
Amendment 1016 #
Proposal for a regulation Article 4 – paragraph 3 3. Member States, with the support of
Amendment 1017 #
Proposal for a regulation Article 4 – paragraph 3 3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum
Amendment 1018 #
Proposal for a regulation Article 4 – paragraph 3 3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration
Amendment 1019 #
Proposal for a regulation Article 5 – title Principle of s
Amendment 1020 #
Proposal for a regulation Article 5 – title Principle of
Amendment 1021 #
Proposal for a regulation Article 5 – title Principle of
Amendment 1022 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. In implementing their obligations, the Member States shall
Amendment 1023 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility, as enshrined in Article 80 of the TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1024 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. In implementing their voluntary obligations, the Member States shall
Amendment 1025 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility referred to in Article 80 TFEU and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies.
Amendment 1026 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum
Amendment 1027 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum
Amendment 1028 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration
Amendment 1029 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 1030 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying; ensure that sufficient funding and qualified and well-trained staff is allocated in all circumstances; request support from Union bodies, offices and agencies for that purpose.
Amendment 1031 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration management systems that provide access to international protection procedures,
Amendment 1032 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration management systems that provide access to international protection procedures as well as national protection procedures if those provide better protection, grant such protection to those who are in need and ensure the return of those who are i
Amendment 1033 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum
Amendment 1034 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, grant such protection to those who are in need and ensure the dignified return to
Amendment 1035 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are genuinely in need and ensure the swift return of those who are illegally staying;
Amendment 1036 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration management
Amendment 1037 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the effective return of those who are illegally staying;
Amendment 1038 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration management systems that provide access to
Amendment 1039 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum and migration
Amendment 1040 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) establish and maintain national asylum
Amendment 1041 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 1042 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 1043 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 1044 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) take all measures necessary and proportionate, in full compliance with the legal obligation to provide access to asylum procedures, to reduce and prevent irregular migration to the territories of the Member States, with a particular focus given to the creation of safe and legal pathways, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against
Amendment 1045 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) take all measures necessary and proportionate to reduce and prevent i
Amendment 1046 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) take all measures necessary
Amendment 1047 #
(b) take all measures necessary
Amendment 1048 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking;
Amendment 1049 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) take all measures necessary and proportionate to pre
Amendment 1050 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and trafficking;
Amendment 1051 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) take all measures necessary
Amendment 1052 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) take all measures necessary and proportionate to
Amendment 1053 #
Proposal for a regulation Article 5 – paragraph 1 – point b a (new) (ba) inform the European Commission immediately by means of a formal letter when the Member State identifies serious shortcomings in its ability to ensure a national asylum and migration management system of appropriate standard due to migratory pressure following an influx of arrivals into an individual Member State in a short period
Amendment 1054 #
Proposal for a regulation Article 5 – paragraph 1 – point b a (new) (ba) remove any pull factors that attract more illegal migration to the Union or that create migratory pressure on another Member States ' external borders by adapting their domestic law as appropriate;
Amendment 1055 #
Proposal for a regulation Article 5 – paragraph 1 – point b a (new) (ba) Provide and invest in adequate reception, including measures to protect those with special needs such as children.
Amendment 1056 #
Proposal for a regulation Article 5 – paragraph 1 – point b a (new) (ba) provide and invest in adequate reception conditions, including measures to protect those with special needs;
Amendment 1057 #
Proposal for a regulation Article 5 – paragraph 1 – point b a (new) (ba) Provide and invest in adequate reception, including measures to protect those with special needs.
Amendment 1058 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 1059 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 1060 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection to a person who has illegally arrived to the territory of the European Union and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III;
Amendment 1061 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining
Amendment 1062 #
Proposal for a regulation Article 5 – paragraph 1 – point d Amendment 1063 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) provide support to other Member States in the form of flexible solidarity contributions tailored to the individual capabilities of the Member States, taking into account their national specificities and on the basis of needs set out in Chapters I-III of Part IV;
Amendment 1064 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in
Amendment 1065 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d)
Amendment 1066 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) provide voluntary support to other Member
Amendment 1067 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) provide support to other Member States
Amendment 1068 #
Proposal for a regulation Article 5 – paragraph 1 – point d (d) provide support to other Member States in the form of
Amendment 1069 #
Proposal for a regulation Article 5 – paragraph 1 – point e Amendment 1070 #
Proposal for a regulation Article 5 – paragraph 1 – point e Amendment 1071 #
Proposal for a regulation Article 5 – paragraph 1 – point e Amendment 1072 #
Proposal for a regulation Article 5 – paragraph 1 – point e (e) take all reasonable and proportionate measures to impr
Amendment 1073 #
Proposal for a regulation Article 5 – paragraph 1 – point e (e) take all reasonable and proportionate measures to prevent and correct unauthorised and secondary movements between Member States.
Amendment 1074 #
Proposal for a regulation Article 5 – paragraph 1 – point e (e) take all
Amendment 1075 #
Proposal for a regulation Article 5 – paragraph 1 – point e (e) take all
Amendment 1076 #
Proposal for a regulation Article 5 – paragraph 1 – point e a (new) (ea) ensure that any applicant for international protection shall have their application automatically rejected if they have not come to the European Union directly from a country where their life or freedom was threatened or if in coming from that country, they stopped in another country outside the European Union and they can show that they could not reasonably be expected to have sought protection under the Refugee Convention in that country.
Amendment 1077 #
Proposal for a regulation Article 5 – paragraph 2 2. Financial and operational support by the Union, including operational support for its agencies, for the implementation of the obligations shall be provided in accordance with
Amendment 1078 #
Proposal for a regulation Article 5 – paragraph 2 2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund]
Amendment 1079 #
2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund]
Amendment 1080 #
Proposal for a regulation Article 5 – paragraph 2 2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU)
Amendment 1081 #
Proposal for a regulation Article 5 a (new) Article 5a Duties of the Member States and the Union offices, bodies and agencies The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure. In particular, Member States shall: (a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying; (b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking; (c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III; (d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV; (e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.
Amendment 1082 #
Proposal for a regulation Article 5 a (new) Article 5a Flexibility with regard to Member States who have agreements in place to relocate the processing of requests for and facilitation of international protection to a third country partner state 1. A third country national claiming need for international protection, that is not registered as an applicant for asylum, shall be transferred to a third country reception centre for processing of his asylum request and possible continued protection in accordance with agreement or praxis established by a Member State and a hosting third country partner state. 2. The Council shall approve by unanimity detailed regulations covering any exemptions of third country nationals from such rules. 3. The cost of transferring the third country national to the partner country shall be borne by the Member State in which the individual currently is located.
Amendment 1083 #
Proposal for a regulation Article 6 – title Amendment 1084 #
Proposal for a regulation Article 6 – title Governance and monitoring of the
Amendment 1085 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 1086 #
Proposal for a regulation Article 6 – paragraph 1 1. The Commission sh
Amendment 1087 #
Proposal for a regulation Article 6 – paragraph 1 1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part and in EU primary legislation and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1088 #
Proposal for a regulation Article 6 – paragraph 1 1. The Commission shall adopt a long-term European Asylum and Migration M
Amendment 1089 #
Proposal for a regulation Article 6 – paragraph 1 1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and preventing illegal migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1090 #
Proposal for a regulation Article 6 – paragraph 1 1. The Commission shall adopt a 5- year European Asylum
Amendment 1091 #
Proposal for a regulation Article 6 – paragraph 1 1. The Commission shall adopt a long-term European Asylum and Migration Management Strategy
Amendment 1092 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 1093 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. The European Asylum
Amendment 1094 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. The European Asylum
Amendment 1095 #
Proposal for a regulation Article 6 – paragraph 2 – point a Amendment 1096 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) the national strategies of the Member States referred to paragraph 3 of this Article and any efforts endorsed by national parliaments to address migration pressures such as a zero-vision or net- minus for migration;
Amendment 1097 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) the national strategies of the Member States referred to paragraph 3 of this Article, and their compliance with EU and international law;
Amendment 1098 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) the national strategies of the Member States referred to paragraph 3 of this Article and their compliance with EU and international law;
Amendment 1099 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) the national
Amendment 1100 #
Proposal for a regulation Article 6 – paragraph 2 – point b Amendment 1101 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) information gathered by the Commission under the Commission Recommendation No XXX on an EU Migration Preparedness and Crisis Management Mechanism hereinafter referred to as Migration Preparedness and Crisis Blueprint; the reports issued under that framework as well as the activities of the Migration Preparedness and Crisis Management Network; information gathered by the Commission and the EU Asylum Agency on the implementation of the asylum acquis;
Amendment 1102 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) information gathered by the Commission under the Commission Recommendation No XXX on an EU Migration Preparedness and Crisis Management Mechanism hereinafter referred to as Migration Preparedness and Crisis Blueprint; the reports issued under that framework as well as the activities of the Migration Preparedness and Crisis Management Network and, information collected by the Commission and the EU Asylum Agency on implementation of the asylum acquis;
Amendment 1103 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) relevant reports and analyses from Union a
Amendment 1104 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) relevant reports and analyses from the Asylum Agency and the European Union
Amendment 1105 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) relevant reports and analyses from
Amendment 1106 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) relevant reports and analyses from Union agencies, including the Fundamental Rights Agency;
Amendment 1107 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) relevant reports and analyses from Union agencies and the External Action Service;
Amendment 1108 #
Proposal for a regulation Article 6 – paragraph 2 – point d Amendment 1109 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355
Amendment 1110 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d)
Amendment 1111 #
Proposal for a regulation Article 6 – paragraph 2 – point d a (new) Amendment 1112 #
Proposal for a regulation Article 6 – paragraph 2 – point d a (new) (da) the evolving jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights
Amendment 1113 #
Proposal for a regulation Article 6 – paragraph 2 – point d a (new) (da) relevant reports and analyses from international organisations, NGOs and independent bodies
Amendment 1114 #
Proposal for a regulation Article 6 – paragraph 2 – point d a (new) Amendment 1115 #
Proposal for a regulation Article 6 – paragraph 2 – point d b (new) (db) the evolving jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights
Amendment 1116 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 1117 #
Proposal for a regulation Article 6 – paragraph 3 3. Member States shall have national
Amendment 1118 #
Proposal for a regulation Article 6 – paragraph 3 3. Member States shall have national strategies in place that establish the strategic approach to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part, taking into account the specific situation of the Member States, especially their geographical location. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive]
Amendment 1119 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 1120 #
Proposal for a regulation Article 6 – paragraph 3 3. Member States
Amendment 1121 #
Proposal for a regulation Article 6 – paragraph 3 3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU)
Amendment 1122 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 1123 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall adopt a
Amendment 1124 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States.
Amendment 1125 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall adopt a Migration M
Amendment 1126 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the
Amendment 1127 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall adopt a
Amendment 1128 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall adopt a Migration
Amendment 1129 #
Proposal for a regulation Article 6 – paragraph 4 4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States
Amendment 1130 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 1131 #
Proposal for a regulation Article 6 – paragraph 5 5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first
Amendment 1132 #
Proposal for a regulation Article 6 – paragraph 5 5.
Amendment 1133 #
5. The Member States shall establish the national strategies
Amendment 1134 #
Proposal for a regulation Article 6 – paragraph 5 5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first European Asylum
Amendment 1135 #
Proposal for a regulation Article 6 – paragraph 6 6. The Commission shall monitor and provide information on the migratory situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network, and reports provided by the organizations in Article 6 (2) (da).
Amendment 1136 #
Proposal for a regulation Article 6 – paragraph 6 6. The Commission shall monitor and provide information on the
Amendment 1137 #
Proposal for a regulation Article 6 – paragraph 6 6. The Commission shall monitor and provide information on the
Amendment 1138 #
Proposal for a regulation Article 6 a (new) Article 6a Procedure in the event of migratory pressure 1. A Member State, which considers itself to be under excess migratory pressure due to an influx of arrivals into an individual Member State which renders its national migration and reception facilities inadequate, shall immediately notify the European Parliament, Council and Commission thereof. Within one week of the notification, the Commission shall initiate an assessment of the migratory situation within that individual Member State. Within two weeks of the notification, the Commission shall coordinate and facilitate necessary measures, in cooperation with the Member States and relevant Union bodies, offices and agencies to reduce the migratory pressure on the individual Member State. The Commission shall also hold consultations with the Member State on the solidarity contributions pursuant to Article 52(2). 2. The Commission shall also adopt a Solidarity Response Plan in consultation with the Member State in need, outlining measures taken at Union level, in accordance with Article 52.
Amendment 1139 #
Proposal for a regulation Article 7 Amendment 1140 #
Proposal for a regulation Article 7 Amendment 1141 #
Proposal for a regulation Article 7 Amendment 1142 #
Proposal for a regulation Article 7 – title 7 Cooperation with third countries
Amendment 1143 #
Proposal for a regulation Article 7 – title Cooperation with third countries
Amendment 1144 #
Cooperation with third countries
Amendment 1145 #
Proposal for a regulation Article 7 – title 7 Cooperation with third countries
Amendment 1146 #
Proposal for a regulation Article 7 – paragraph -1 (new) -1. In accordance with Article 3(2)(a), the Commission, in cooperation with the Member States as well as Union bodies, offices and agencies, shall build tailor- made and mutually beneficial partnerships with relevant third-countries in view of better achieving the Union’s objectives in the field of asylum and migration. Such partnerships shall provide a framework for better coordination of policies with third-countries and create a win-win situation for both partners, and be based on human rights, rule of law and on the respect of the Union’s common values. They shall primarily be based on a ‘more for more’ approach, whereby more cooperation from the side of a third- country should result in more support from the Union in various policy areas. This may include cooperation on capacity-building for the reception of refugees, visa policies, development assistance, return and readmission agreements, border management, fighting human trafficking and smuggling networks, protection of human rights, especially the rights of the child.
Amendment 1147 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 1148 #
Proposal for a regulation Article 7 – paragraph 1 1.
Amendment 1149 #
Proposal for a regulation Article 7 – paragraph 1 1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall engage a high level dialogue with that third-country and the Member States to find common and fair solutions for a better functioning of the partnership. If the high-level dialogue does not generate sufficient improvements, the Commission shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
Amendment 1150 #
Proposal for a regulation Article 7 – paragraph 1 1.
Amendment 1151 #
Proposal for a regulation Article 7 – paragraph 1 1. Where the Commission, on the basis of the analysis carried out in
Amendment 1152 #
Proposal for a regulation Article 7 – paragraph 1 1.
Amendment 1153 #
Proposal for a regulation Article 7 – paragraph 1 1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country.
Amendment 1154 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. The Commission and the Member States shall promote partnerships and cooperation with relevant third countries on migration management. The Commission and Member States shall assess the integration of migration management in all relevant Union policies and in particular they should fully apply the principle that development aid is conditional to strong commitments in the field of migration management.
Amendment 1155 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. Measures undertaken should always respect human rights, in particular the rights of the child.
Amendment 1156 #
Proposal for a regulation Article 7 – paragraph 1 b (new) 1b. The Commission and Member States shall make full use of the visa policy and related measures designed to incentivise cooperation with third countries to facilitate the swift return of illegally staying third-country nationals.
Amendment 1157 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 1158 #
Proposal for a regulation Article 7 – paragraph 2 2.
Amendment 1159 #
Proposal for a regulation Article 7 – paragraph 2 2.
Amendment 1160 #
Proposal for a regulation Article 7 – paragraph 2 2. Where the Commission considers it appropriate, it shall also identify in its report measures designed to promote cooperation among the Member States to facilitate the return of illegal staying third- country nationals, including withholding development aid and other forms of financial and non-financial assistance from a third country as long cooperation is lacking.
Amendment 1161 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2a. The Commission, the Council, and the Member States shall, within their respective competences, take actions to foster cooperation with third countries to address causes and drivers of irregular migration and forced displacement, applying fully the principle of aid conditionality outlined in paragraph 1.
Amendment 1162 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 1163 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 1164 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 1165 #
Proposal for a regulation Article 7 – paragraph 3 3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country, including respect for the objectives of external policies as elaborated in Article 21 TEU and assessment of the impact these potential actions may have in the fields of migration, peace and security, development and poverty eradication.
Amendment 1166 #
Proposal for a regulation Article 7 – paragraph 3 3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country including withholding development aid or other forms of funding.
Amendment 1167 #
Proposal for a regulation Article 7 – paragraph 4 4.
Amendment 1168 #
Proposal for a regulation Article 7 – paragraph 4 4.
Amendment 1169 #
4. The Commission shall
Amendment 1170 #
Proposal for a regulation Article 7 – paragraph 4 4. The Commission shall keep national parliaments and the European Parliament regularly informed of the implementation of this Article.
Amendment 1171 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4a. All relations and cooperation with third countries referred to in this Article shall take place under formal EU international agreements; informal arrangements shall be avoided.
Amendment 1172 #
Proposal for a regulation Article 7 a (new) Amendment 1173 #
Proposal for a regulation Article 7 a (new) Article 7a EU Relocation coordinator 1. With a view to supporting the implementation of the distribution mechanism under this Regulation, the Commission shall appoint an EU Relocation coordinator, who will coordinate the relocation from the benefitting Member State to the contributing Member States. 2. In its tasks, the EU Relocation coordinator should be assisted by an Office in order to support coordination between the Member States to ensure the streamlining of procedures. 3. The EU relocation coordinator would be supported by the Asylum Agency who is tasked to calculate the distribution key, to set up and manage the Automated software to distribute applicants for international protection according to the criteria set in this Regulation.
Amendment 1174 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States
Amendment 1175 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall examine any application for international protection by a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons, who applies on the territory of any one of them, including at the border or in the transit zones. The application for international protection shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.
Amendment 1176 #
Proposal for a regulation Article 8 – paragraph 1 1. Only a Member State
Amendment 1177 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State at a time, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.
Amendment 1178 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall examine any application for international protection
Amendment 1179 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall
Amendment 1180 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 1181 #
Proposal for a regulation Article 8 – paragraph 2 2. Without prejudice to the rules provided for in Part IV, where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it. That responsibility shall cease if the application is registered more than 1 year after the date on which the irregular crossing of the border into a Member State has taken place by land, sea or air.
Amendment 1182 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 1183 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 1184 #
Proposal for a regulation Article 8 – paragraph 2 2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered
Amendment 1185 #
Proposal for a regulation Article 8 – paragraph 2 2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the
Amendment 1186 #
Proposal for a regulation Article 8 – paragraph 2 2. Where no Member State responsible can be designated on the basis of the criteria
Amendment 1187 #
Proposal for a regulation Article 8 – paragraph 2 2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it, unless Article 25 applies.
Amendment 1188 #
Proposal for a regulation Article 8 – paragraph 2 2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the
Amendment 1189 #
Proposal for a regulation Article 8 – paragraph 2 2. Where no Member State responsible can be designated on the basis of the criteria listed Chapter II, in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it.
Amendment 1190 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 1191 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 1192 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 1193 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment
Amendment 1194 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State
Amendment 1195 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there
Amendment 1196 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Where it is impossible for a Member State to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that is a real risk of a serious violation of fundamental rights for the applicant or there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State,
Amendment 1197 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. Where it is impossible for a Member State to transfer an applicant to the Member State primarily designated as responsible because there are
Amendment 1198 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 Amendment 1199 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 Amendment 1200 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or of the procedure laid down in Chapter I of Part IV, or to the first Member State with
Amendment 1201 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III
Amendment 1202 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 Where a Member State cannot carry out the transfer pursuant to the first subparagraph
Amendment 1203 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 1204 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 1205 #
Proposal for a regulation Article 8 – paragraph 4 – introductory part 4. If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State as soon as possible after the registration of the application
Amendment 1206 #
Proposal for a regulation Article 8 – paragraph 4 – introductory part 4. If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III. In that case, no transfer shall be carried out.
Amendment 1207 #
Proposal for a regulation Article 8 – paragraph 4 – introductory part 4. If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State or the internal security of the EU as a whole as soon as possible after the registration of the application, before applying the criteria for determining the
Amendment 1208 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 Amendment 1209 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 Amendment 1210 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State, that Member State shall carry out the examination as soon as possible after the registration of the application
Amendment 1211 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State or to the internal security of the EU as a whole, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.
Amendment 1212 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 2 Amendment 1213 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 2 Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsible and shall carry out a border procedure, in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1214 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 2 Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that
Amendment 1215 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 2 Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation]
Amendment 1216 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4a. The Member State in which the applicant or a beneficiary of international protection is present shall, however, ensure that the designation of the Member State responsible does not worsen a situation where the fundamental rights of that applicant have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, that Member State must itself examine the application in accordance with the procedure laid down in Article25.
Amendment 1217 #
Proposal for a regulation Article 8 – paragraph 5 Amendment 1218 #
Proposal for a regulation Article 8 – paragraph 5 Amendment 1219 #
Proposal for a regulation Article 8 – paragraph 5 Amendment 1220 #
Proposal for a regulation Article 8 – paragraph 5 5. Each Member State shall retain the right to send an applicant to a
Amendment 1221 #
Proposal for a regulation Article 8 – paragraph 5 5. Each Member State shall retain the right to send an applicant to a safe third country,
Amendment 1222 #
Proposal for a regulation Article 8 – paragraph 5 a (new) 5a. Each Member State shall retain the right to deny entry and push back any potential applicant attempting to enter and to push back any applicant having entered its territory from a safe third country or by having traversed a safe third country;
Amendment 1223 #
Proposal for a regulation Article 9 Amendment 1224 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a third-country national or stateless person pursuant to Article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons, intends to make an application for international protection, the application shall be made and registered in the Member State of first entry, that shall determine the Member State responsible according to the criteria set out in this Regulation.
Amendment 1225 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a third-country national or
Amendment 1226 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State
Amendment 1227 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a third-country national or stateless person intends, after legally entering the territory of a Member State of the Union, to make an application for
Amendment 1228 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entry or the application shall be automatically rejected.
Amendment 1229 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State
Amendment 1230 #
Proposal for a regulation Article 9 – paragraph 1 1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State
Amendment 1231 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2.
Amendment 1232 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visa, the application shall be made and registered in the Member
Amendment 1233 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visa, the application shall be made and registered in the Member State that issued the residence permit or visa or in a third country partner state.
Amendment 1234 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visa, or is otherwise legally present, the application shall be made and registered in the Member State that issued the residence permit or visa or in which they are legally present.
Amendment 1235 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a
Amendment 1236 #
Proposal for a regulation Article 9 – paragraph 2 – introductory part 2.
Amendment 1237 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 Amendment 1238 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 Where a third-country national or stateless person, pursuant to Article 1 (1) of the 1954 Convention relating to the Status of Stateless persons, who intends to make an application for international protection is in possession of a residence permit or visa which has expired, the application shall be made and registered in the Member State where he or she is present.
Amendment 1239 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 Where a third-country national
Amendment 1240 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 1 Without prejudice to Article 19(4), where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired, the application shall be made and registered in the Member State where he or she is present.
Amendment 1241 #
Proposal for a regulation Article 9 – paragraph 3 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to
Amendment 1242 #
Proposal for a regulation Article 9 – paragraph 3 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for
Amendment 1243 #
Proposal for a regulation Article 9 – paragraph 3 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority
Amendment 1244 #
Proposal for a regulation Article 9 – paragraph 3 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member
Amendment 1245 #
Proposal for a regulation Article 9 – paragraph 3 3. The applicant shall
Amendment 1246 #
Proposal for a regulation Article 9 – paragraph 3 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a reasonable and justifiable time limit within the period referred to in Article 29(1) for submitting such evidence.
Amendment 1247 #
Proposal for a regulation Article 9 – paragraph 3 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting
Amendment 1248 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 1249 #
Proposal for a regulation Article 9 – paragraph 4 – introductory part 4. The applicant shall be required to be present and to remain available to the competent administrative or judicial authorities in:
Amendment 1250 #
Proposal for a regulation Article 9 – paragraph 4 – introductory part 4. The applicant shall be
Amendment 1251 #
Proposal for a regulation Article 9 – paragraph 4 – point c Amendment 1252 #
Proposal for a regulation Article 9 – paragraph 5 5. Where a transfer decision is final and notified to the applicant in accordance with Article 32(2) and Article 57(8), the applicant shall comply with that decision.
Amendment 1253 #
Proposal for a regulation Article 9 – paragraph 5 5. Where a transfer decision
Amendment 1254 #
Proposal for a regulation Article 10 Amendment 1255 #
Proposal for a regulation Article 10 – title Consequences of non-compliance for the applicant
Amendment 1256 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 1257 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 1258 #
Proposal for a regulation Article 10 – paragraph 1 1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations. An applicant shall not be sanctioned for entering a Member State other than the Member State in which he or she is obliged to be present if they are there for reasons beyond their control.
Amendment 1259 #
Proposal for a regulation Article 10 – paragraph 1 1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation if he or she entered the territory of a Member State illegally or by using force, and pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
Amendment 1260 #
Proposal for a regulation Article 10 – paragraph 1 1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible
Amendment 1261 #
Proposal for a regulation Article 10 – paragraph 1 1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation, including from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been duly informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This
Amendment 1262 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. Any applicant, who has entered the territory of a Member State illegally, shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
Amendment 1263 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. An unauthorised movement by the applicant shall automatically result in the invalidation of his or her application for international protection.
Amendment 1264 #
Proposal for a regulation Article 10 – paragraph 2 2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities, except for the application of the criteria on unaccompanied minors and family members or where non- compliance is the consequence of circumstances beyond the applicant’s control or can be objectively justified by the applicant. A Member State may decide at any time to take charge of the applicant, in order to bring together any family relations, on humanitarian grounds based in particular on family or cultural considerations as per Article 25 of this Regulation.
Amendment 1265 #
Proposal for a regulation Article 10 – paragraph 2 2. Elements and information relevant for determining the Member State
Amendment 1266 #
Proposal for a regulation Article 10 – paragraph 2 2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3)
Amendment 1267 #
Proposal for a regulation Article 10 – paragraph 2 2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities, except where non-compliance can be objectively justified by the applicant.
Amendment 1268 #
Proposal for a regulation Article 10 – paragraph 2 2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall
Amendment 1269 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. Member States are strongly encouraged to, within the scope of national legislation; (i) criminalise illegal entry, including entry into the European Union in breach of a deportation order by a Member State, and penalise asylum seekers who arrive in Member States of the European Union without entry clearance with imposition of fines and/or imprisonment. (ii) institute harsh penalties, including imprisonment for life when justified and proportionate, for human traffickers enabling asylum seekers to enter the territory of Member States by illicit means.
Amendment 1270 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. In case the applicant does not cooperate with the authorities, thereby unduly delaying the procedure, his or her application should be rejected.
Amendment 1273 #
Proposal for a regulation Article 11 – paragraph -1 (new) -1. As soon as possible the Member State and the competent authorities of the Member State, assisted by the Asylum Agency, shall ensure that the third country national or stateless person, who intends to make an application to international protection, fully cooperates in matters covered by this Regulation, by informing him or her:
Amendment 1275 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1.
Amendment 1276 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant in a language the applicant understands, of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, of the purpose of the personal interview, of the legal aid and other forms of assistance that can be provided by the Member State and non-governmental organisations, and in particular:
Amendment 1277 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. As soon as possible and at the latest when an application for international protection is registered in a Member State
Amendment 1278 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1.
Amendment 1279 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 9
Amendment 1280 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 9
Amendment 1281 #
Proposal for a regulation Article 11 – paragraph 1 – point a Amendment 1282 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) that the right to apply for international protection does not encompass a choice by the applicant in relation to either the Member State responsible for examining the application for international protection or the Member State of relocation, with the exception of the procedure referred to in Article 23b;
Amendment 1283 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) that the right to apply for international protection does not encompass a choice by the applicant
Amendment 1284 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) that the right to apply for international protection does not encompass a choice by the applicant in relation to
Amendment 1285 #
Proposal for a regulation Article 11 – paragraph 1 – point b Amendment 1286 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) of the objectives of this Regulation and of the consequences of
Amendment 1287 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4)
Amendment 1288 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1), as well as of the consequences of non-cooperation with the authorities;
Amendment 1289 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present
Amendment 1290 #
Proposal for a regulation Article 11 – paragraph 1 – point b a (new) (ba) of the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1);
Amendment 1291 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, in particular of the provisions relating to family reunification and, in that regard, of the applicable definition of family members and relatives;
Amendment 1292 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) of the objectives of this Regulation, the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied by Member states requested or notified in the individual case;
Amendment 1293 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration including the specific criteria applied and Member States requested to take charge or take back in the individual case;
Amendment 1294 #
(c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied and Member States requested or notified in the individual case;
Amendment 1295 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration; including the specific criteria applied and Member States requested or notified in the individual case
Amendment 1296 #
Proposal for a regulation Article 11 – paragraph 1 – point d (d) of the
Amendment 1297 #
Proposal for a regulation Article 11 – paragraph 1 – point d (d) of the
Amendment 1298 #
Proposal for a regulation Article 11 – paragraph 1 – point d (d) of the aim of the personal interview pursuant to Article 12 and the obligation to submit
Amendment 1299 #
Proposal for a regulation Article 11 – paragraph 1 – point d (d) of the aim of the personal interview pursuant to Article 12 and the obligation to submit
Amendment 1300 #
Proposal for a regulation Article 11 – paragraph 1 – point d a (new) (da) the applicant shall be informed that his or her absconding may prejudice the conduct of the interview and that, in any case, he or she has the right to ask for the interview to be conducted;
Amendment 1301 #
Proposal for a regulation Article 11 – paragraph 1 – point e Amendment 1302 #
Proposal for a regulation Article 11 – paragraph 1 – point e (e) of the obligation for the applicant to disclose,
Amendment 1303 #
Proposal for a regulation Article 11 – paragraph 1 – point e (e) of the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas as well as all and any information about how they made it to the European Union from their country of origin and whether they passed through any safe countries on the way;
Amendment 1304 #
Proposal for a regulation Article 11 – paragraph 1 – point e (e) of the
Amendment 1305 #
Proposal for a regulation Article 11 – paragraph 1 – point e a (new) (ea) of the possibility under Article 25 to request the discretionary clause be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1306 #
Proposal for a regulation Article 11 – paragraph 1 – point e a (new) Amendment 1307 #
Proposal for a regulation Article 11 – paragraph 1 – point e a (new) (ea) of the obligation for the applicant to provide his or her biometric data;
Amendment 1308 #
Proposal for a regulation Article 11 – paragraph 1 – point e b (new) (eb) of the possibility, if no family or other meaningful links can be found during the procedure of the determination of the Member State responsible, to make a written, duly motivated request to be relocated to any Member States, in particular on the basis on cultural or social ties, language skills or other links that could facilitate his or her integration into a specific Member State and could not be taken into account under meaningful links as defined in this Regulation. These applications would be submitted by the determining Member State to these Member States, who would be able on a voluntary basis to accept responsibility;
Amendment 1309 #
Proposal for a regulation Article 11 – paragraph 1 – point e b (new) (eb) of the possibility for the applicant in the situation described in Article 23a to choose between the ten Member States with the lowest share of applicants pursuant to the reference key as referred to in Article 54;
Amendment 1310 #
Proposal for a regulation Article 11 – paragraph 1 – point e c (new) (ec) of the possibility for the applicant under Article 31a to choose between the five Member States with the lowest share of applicants pursuant to the distribution key as referred to in Article 54 and the possibility to register as a group to be relocated together;
Amendment 1311 #
Proposal for a regulation Article 11 – paragraph 1 – point f (f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and of the
Amendment 1312 #
Proposal for a regulation Article 11 – paragraph 1 – point f (f) of the possibility and arrangements to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in Article 33(1) as well as the existence of the right to an effective remedy before a court or tribunal;
Amendment 1313 #
Proposal for a regulation Article 11 – paragraph 1 – point f (f) of the possibility
Amendment 1314 #
Proposal for a regulation Article 11 – paragraph 1 – point f (f) of the possibility to challenge
Amendment 1315 #
Proposal for a regulation Article 11 – paragraph 1 – point f (f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and
Amendment 1316 #
Proposal for a regulation Article 11 – paragraph 1 – point g Amendment 1317 #
Proposal for a regulation Article 11 – paragraph 1 – point g (g) of the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved; The expenses relating to legal assistance, shall not be directly borne by the budget of the Member State in which they are introduced, but by specific EU funds established for this purpose.
Amendment 1318 #
Proposal for a regulation Article 11 – paragraph 1 – point g (g) of the right to be granted, on
Amendment 1319 #
Proposal for a regulation Article 11 – paragraph 1 – point g (g) of the right to be granted, on request, legal and linguistic assistance free of charge at all stages of the procedure, where the person concerned cannot afford the costs involved;
Amendment 1320 #
Proposal for a regulation Article 11 – paragraph 1 – point g (g) of the right to be granted, on request, legal assistance
Amendment 1321 #
Proposal for a regulation Article 11 – paragraph 1 – point g (g) of the right to be granted, on request, legal assistance free of charge
Amendment 1322 #
Proposal for a regulation Article 11 – paragraph 1 – point g a (new) (ga) The legal assistance and representation shall, at least, include: (a) the provision of information on the procedure in the light of the applicant's individual circumstances; (b) assistance in the preparation of the personal interview and supporting documents and evidence to be provided as part of the interview, including participation in the personal interview; (c) an explanation of the reasons for and consequences of a transfer decision as well as information as to how to challenge that decision or how to access remedies in situations where no transfer decision is taken. (d) preparation of the required procedural documents and representation before a court or tribunal In complying with this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 1323 #
Proposal for a regulation Article 11 – paragraph 1 – point g a (new) (ga) of the possibility under Article 25 to request the discretionary clause to be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1324 #
Proposal for a regulation Article 11 – paragraph 1 – point h (h) that the competent authorities of Member States and the Asylum Agency will process personal data of the applicant including for the exchange of data on him or her for the sole purpose of implementing their obligations arising under this Regulation; That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac.
Amendment 1325 #
Proposal for a regulation Article 11 – paragraph 1 – point j a (new) (ja) any other information in accordance with applicable Union or Member State law on the protection of natural persons with regard to the processing of personal data
Amendment 1326 #
Proposal for a regulation Article 11 – paragraph 1 – point k (k) in the case of an unaccompanied minor
Amendment 1327 #
Proposal for a regulation Article 11 – paragraph 1 – point k (k) in the case of an unaccompanied minor, of the role and responsibilities of the
Amendment 1328 #
Proposal for a regulation Article 11 – paragraph 1 – point k (k) in the case of an unaccompanied minor, of the role and responsibilities of the
Amendment 1329 #
Proposal for a regulation Article 11 – paragraph 1 – point k a (new) (ka) where applicable, of an age assessment, including by established medical methods, of an applicant or a DNA-test to prove a family-link;
Amendment 1330 #
Proposal for a regulation Article 11 – paragraph 1 – point k a (new) (ka) where applicable, of an age assessment of an applicant or exceptionally a DNA-test to prove a family-link;
Amendment 1331 #
Proposal for a regulation Article 11 – paragraph 1 – point l Amendment 1332 #
Proposal for a regulation Article 11 – paragraph 1 – point l Amendment 1333 #
Proposal for a regulation Article 11 – paragraph 1 – point l Amendment 1334 #
Proposal for a regulation Article 11 – paragraph 1 – point l Amendment 1335 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 1336 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 shall be provided in
Amendment 1337 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands
Amendment 1338 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands
Amendment 1339 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2.
Amendment 1340 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. When the applicant is a minor, information shall be provided in a child-friendly manner, both in written and oral form.
Amendment 1341 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The information referred to in
Amendment 1342 #
Proposal for a regulation Article 11 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands
Amendment 1343 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Amendment 1344 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Amendment 1345 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Amendment 1346 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Where necessary for the applicant’s proper understanding, the information shall also be supplied orally, where appropriate in connection with the personal interview as referred to in Article 12. This information shall be adapted to the individual circumstances of the applicant.
Amendment 1347 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 a (new) 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 representative with the same modalities. The Commission shall be empowered to adopt implementing acts to establish the modalities for the provision of such information.
Amendment 1348 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2a. In order to increase applicants' understanding of the CEAS and the solidarity mechanism under this regulation, the Asylum Agency shall develop suitable information material, in close cooperation with national authorities, making full use of modern technologies. In order to assist applicants, the agency shall also develop audio-visual information material that can be used as a complement to written information material. The information material shall be translated and made available in all the major languages spoken by applicants for international protection arriving in the Union. The information material shall be adjusted to the different categories of applicants and their needs, in particular to ensure that minors have access to child-friendly information that is specific to their needs and situation.
Amendment 1349 #
Proposal for a regulation Article 11 – paragraph 3 3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for
Amendment 1350 #
Proposal for a regulation Article 11 – paragraph 3 3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for
Amendment 1351 #
Proposal for a regulation Article 11 – paragraph 3 3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors, containing at least the information referred to in paragraph 1.
Amendment 1352 #
Proposal for a regulation Article 11 – paragraph 3 3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors and other vulnerable groups such as victims of human trafficking, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information.
Amendment 1353 #
Proposal for a regulation Article 11 – paragraph 3 3. The Asylum Agency shall, in close
Amendment 1354 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian. The Commission shall be empowered to adopt implementing acts to establish the arrangements for the provision of such information.
Amendment 1355 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. The Asylum Agency shall make sure this common information material is clear and available online, in an open and easily accessible platform for applicants.
Amendment 1356 #
Proposal for a regulation Article 11 – paragraph 3 b (new) 3b. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian.
Amendment 1357 #
Proposal for a regulation Article 11 a (new) Amendment 1358 #
Proposal for a regulation Article 12 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the
Amendment 1359 #
Proposal for a regulation Article 12 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant
Amendment 1360 #
Proposal for a regulation Article 12 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11. The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member State responsible, as well as aspects that would impede the transfer of an applicant due to risk of fundamental rights violations.
Amendment 1361 #
Proposal for a regulation Article 12 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant thoroughly asking questions on all aspects of the claim that would allow for the determination of the Member State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article
Amendment 1362 #
Proposal for a regulation Article 12 – paragraph 1 1. In order to facilitate the process of determining the Member State responsible, the
Amendment 1363 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 1364 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 1365 #
Proposal for a regulation Article 12 – paragraph 2 – point a (a) the applicant has absconded and is not available to the authorities;
Amendment 1366 #
Proposal for a regulation Article 12 – paragraph 2 – point a a (new) (aa) the applicant fails to produce identification and there are reasonable grounds to believe that such failure has been caused by the applicant;
Amendment 1367 #
Proposal for a regulation Article 12 – paragraph 2 – point b (b) the applicant has not attended the personal interview and has not, upon request, provided justified reasons for his or her absence;
Amendment 1368 #
Proposal for a regulation Article 12 – paragraph 2 – point c (c) after having received the information referred to in Article 11, the applicant has already provided the information relevant to determine the Member State responsible by other means. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 29(1), including the opportunity for an interview.
Amendment 1369 #
Proposal for a regulation Article 12 – paragraph 2 – point c (c) after having received the information referred to in Article 11, the applicant has already provided the information relevant to determine the Member State responsible by other means and does not request to be heard. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 29(1).
Amendment 1370 #
Proposal for a regulation Article 12 – paragraph 3 3. The personal interview shall take place in a timely manner and, in any event, before any decision on the Member State responsible is taken or a take charge request is made pursuant to Article 29.
Amendment 1371 #
Proposal for a regulation Article 12 – paragraph 3 3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or a take back request is made pursuant to Article 31.
Amendment 1372 #
Proposal for a regulation Article 12 – paragraph 3 3. The personal interview shall take place in a timely manner
Amendment 1373 #
Proposal for a regulation Article 12 – paragraph 3 3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or take back request pursuant to Article 31.
Amendment 1374 #
Proposal for a regulation Article 12 – paragraph 3 3. The personal interview shall take place in a timely manner and, in any event, before any take charge request
Amendment 1375 #
Proposal for a regulation Article 12 – paragraph 3 3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or take back request pursuant to Article 31.
Amendment 1376 #
Proposal for a regulation Article 12 – paragraph 3 3. The personal interview shall take place i
Amendment 1377 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 1378 #
Proposal for a regulation Article 12 – paragraph 4 4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied
Amendment 1379 #
Proposal for a regulation Article 12 – paragraph 4 4. The personal interview shall be conducted in the mother tongue of the applicant or in a language that the applicant understands
Amendment 1380 #
Proposal for a regulation Article 12 – paragraph 4 4. The personal interview shall be conducted in a language that the applicant understands
Amendment 1381 #
Proposal for a regulation Article 12 – paragraph 4 4. The personal interview shall be conducted in a language that the applicant understands
Amendment 1382 #
Proposal for a regulation Article 12 – paragraph 4 4. The personal interview shall be conducted in a language that the applicant understands
Amendment 1383 #
Proposal for a regulation Article 12 – paragraph 4 4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representative and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant
Amendment 1384 #
Proposal for a regulation Article 12 – paragraph 4 4. The personal interview shall be conducted in a language that the applicant understands
Amendment 1385 #
Proposal for a regulation Article 12 – paragraph 4 a (new) 4a. In addition to the presence of the legal advisor or counsellor and, where applicable, a representative during the interview, the applicant shall have the right to nominate one person of his or her trust to accompany him or her to the interview.
Amendment 1386 #
Proposal for a regulation Article 12 – paragraph 5 5. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of special procedural guarantees pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for
Amendment 1387 #
Proposal for a regulation Article 12 – paragraph 5 5. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of special procedural guarantees pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], shall be provided with adequate support including sufficient time in order to create the conditions necessary for effectively
Amendment 1388 #
Proposal for a regulation Article 12 – paragraph 5 5. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of speci
Amendment 1389 #
Proposal for a regulation Article 12 – paragraph 5 a (new) 5a. The person conducting the personal interview shall have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Staff interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indicators showing that the person may have been tortured or victim of gender- based violence in the past.
Amendment 1390 #
Proposal for a regulation Article 12 – paragraph 5 a (new) 5a. The Member State shall ensure that there are appropriate standard operating procedures in place in order to ensure that appropriate protection measures are taken with respect to applicants at risk of being exploited for the purposes of trafficking in human beings or other organised crime activities.
Amendment 1391 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 1392 #
Proposal for a regulation Article 12 – paragraph 6 6. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The
Amendment 1393 #
Proposal for a regulation Article 12 – paragraph 6 6. The Member State conducting the personal interview shall make an audio recording of the interview and shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary, and in any case before any decision on the Member State responsible is taken or a take charge request is made pursuant to Article 29.
Amendment 1394 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 1396 #
Proposal for a regulation Article 13 – paragraph 1 1. The best interests of the child
Amendment 1397 #
Proposal for a regulation Article 13 – paragraph 1 1. The best interests of the child shall be
Amendment 1398 #
Proposal for a regulation Article 13 – paragraph 1 1. The best interests of the child shall be
Amendment 1399 #
Proposal for a regulation Article 13 – paragraph 1 1. The best interests of the child shall be
Amendment 1400 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. Persons seeking to gain the status of a minor or an unaccompanied minor shall undergo bone testing for the purpose of excluding the most manifestly unfounded applications. Any refusal to undergo this testing shall mean that such a status is not recognised. These provisions shall not apply in cases where the person’s age can be substantiated by means of formal and incontrovertible evidence such as a genuine identity card.
Amendment 1401 #
Proposal for a regulation Article 13 – paragraph 1 a (new) Amendment 1402 #
Proposal for a regulation Article 13 – paragraph 1 b (new) 1b. Member States are encouraged to ensure the swift and appropriate safe placement of children while awaiting family reunification and the return to their home countries or placement in the region close to their home.
Amendment 1403 #
Proposal for a regulation Article 13 – paragraph 2 – introductory part Amendment 1404 #
Proposal for a regulation Article 13 – paragraph 2 – introductory part 2. Each Member State where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a
Amendment 1405 #
Proposal for a regulation Article 13 – paragraph 2 – introductory part 2.
Amendment 1406 #
Proposal for a regulation Article 13 – paragraph 2 – introductory part 2.
Amendment 1407 #
Proposal for a regulation Article 13 – paragraph 2 – introductory part 2.
Amendment 1408 #
Proposal for a regulation Article 13 – paragraph 2 – introductory part 2. Each Member State where an unaccompanied
Amendment 1409 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 1 Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the
Amendment 1410 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 1 Where an organisation is appointed as a
Amendment 1411 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 1 Where an organisation is appointed as a
Amendment 1412 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 1 Where an organisation is appointed as a
Amendment 1413 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 2 Amendment 1414 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 2 The
Amendment 1415 #
Proposal for a regulation Article 13 – paragraph 2 – subparagraph 2 The
Amendment 1416 #
Proposal for a regulation Article 13 – paragraph 3 3. The
Amendment 1417 #
Proposal for a regulation Article 13 – paragraph 3 3. The representative of an unaccompanied minor shall be involved in the process of establishing the Member State responsible under this Regulation to the greatest extent possible. The representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose
Amendment 1418 #
Proposal for a regulation Article 13 – paragraph 3 3.
Amendment 1419 #
Proposal for a regulation Article 13 – paragraph 3 3. The
Amendment 1420 #
Proposal for a regulation Article 13 – paragraph 3 3. The representative of an unaccompanied
Amendment 1421 #
Proposal for a regulation Article 13 – paragraph 3 3. The
Amendment 1422 #
Proposal for a regulation Article 13 – paragraph 4 – introductory part 4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following
Amendment 1423 #
Proposal for a regulation Article 13 – paragraph 4 – introductory part 4. In assessing the best interests of the child, Member States shall closely
Amendment 1424 #
Proposal for a regulation Article 13 – paragraph 4 – introductory part 4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following
Amendment 1425 #
Proposal for a regulation Article 13 – paragraph 4 – introductory part 4. In assessing the best interests of the child, Member States shall closely cooperate with each other
Amendment 1426 #
Proposal for a regulation Article 13 – paragraph 4 – introductory part 4. In assessing the best interests of the child, Member States shall closely cooperate and exchange information with each other and shall, in particular, take due account of the following factors:
Amendment 1427 #
Proposal for a regulation Article 13 – paragraph 4 – point a Amendment 1428 #
Proposal for a regulation Article 13 – paragraph 4 – point a (a) the preservation of family life, including family reunification possibilities;
Amendment 1429 #
Proposal for a regulation Article 13 – paragraph 4 – point a (a) the preservation of family life, including family reunification possibilities;
Amendment 1430 #
Proposal for a regulation Article 13 – paragraph 4 – point a (a) the preservation of family life, including family reunification possibilities;
Amendment 1431 #
Proposal for a regulation Article 13 – paragraph 4 – point a (a) The right to family life, including family reunification possibilities;
Amendment 1432 #
Proposal for a regulation Article 13 – paragraph 4 – point a (a) the right to family life, including family reunification possibilities;
Amendment 1433 #
Proposal for a regulation Article 13 – paragraph 4 – point b Amendment 1434 #
Proposal for a regulation Article 13 – paragraph 4 – point b (b) the minor’s well-being and social development in the short, medium and long term, taking into particular consideration the minor’s
Amendment 1435 #
Proposal for a regulation Article 13 – paragraph 4 – point b (b) the minor’s well-being and social development, in the short, medium and long term, taking into particular consideration
Amendment 1436 #
Proposal for a regulation Article 13 – paragraph 4 – point b (b) the minor’s well-being and social development, taking into particular consideration the minor’s
Amendment 1437 #
Proposal for a regulation Article 13 – paragraph 4 – point b (b) the minor’s well-being and social development, taking into particular consideration the minor’s
Amendment 1438 #
Proposal for a regulation Article 13 – paragraph 4 – point b (b) the minor’s well-being and social development, taking into particular consideration the minor’s
Amendment 1439 #
Proposal for a regulation Article 13 – paragraph 4 – point b (b) the minor’s well-being, access to health and education services and social development, taking into particular consideration the minor’s background, including his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in his or her care;
Amendment 1440 #
Proposal for a regulation Article 13 – paragraph 4 – point b (b) the minor’s physical and mental well-being and social development, taking into particular consideration the minor’s background;
Amendment 1441 #
Proposal for a regulation Article 13 – paragraph 4 – point b (b) the
Amendment 1442 #
Proposal for a regulation Article 13 – paragraph 4 – point b a (new) (ba) situations of vulnerability, including trauma, specific health needs and disability;
Amendment 1443 #
Proposal for a regulation Article 13 – paragraph 4 – point c Amendment 1444 #
Proposal for a regulation Article 13 – paragraph 4 – point c (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation
Amendment 1445 #
Proposal for a regulation Article 13 – paragraph 4 – point c (c) safety and security considerations, in particular where the child is an asylum seeker or refugee or where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1446 #
Proposal for a regulation Article 13 – paragraph 4 – point c (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1447 #
Proposal for a regulation Article 13 – paragraph 4 – point c (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1448 #
Proposal for a regulation Article 13 – paragraph 4 – point c (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1449 #
Proposal for a regulation Article 13 – paragraph 4 – point c (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of
Amendment 1450 #
Proposal for a regulation Article 13 – paragraph 4 – point c (c) safety and security considerations, in particular where there is a risk of the minor or child being a victim of any form of violence and exploitation, including trafficking in human beings;
Amendment 1451 #
Proposal for a regulation Article 13 – paragraph 4 – point c a (new) (ca) situations of vulnerability, including psycho-physical trauma, specific health needs and disability;
Amendment 1452 #
Proposal for a regulation Article 13 – paragraph 4 – point c a (new) (ca) situations of vulnerability, including trauma, specific health needs and disability;
Amendment 1453 #
Proposal for a regulation Article 13 – paragraph 4 – point c b (new) (cb) the guarantee of a handover to a designated representative in the receiving Member State;
Amendment 1454 #
Proposal for a regulation Article 13 – paragraph 4 – point c c (new) (cc) the need for decisions concerning minors to be treated with priority;
Amendment 1455 #
Proposal for a regulation Article 13 – paragraph 4 – point d Amendment 1456 #
Proposal for a regulation Article 13 – paragraph 4 – point d (d) the views of the minor, in accordance with his or her age and maturity and in accordance with his or her right to be heard;
Amendment 1457 #
Proposal for a regulation Article 13 – paragraph 4 – point d (d) the views of the minor or child, in accordance with his or her age and maturity;
Amendment 1458 #
Proposal for a regulation Article 13 – paragraph 4 – point d a (new) (da) the need for decisions concerning minors to be treated with priority;
Amendment 1459 #
Proposal for a regulation Article 13 – paragraph 4 – point d b (new) (db) In assessing the best interests of the minor, the minor's right to be heard must be guaranteed to every child capable of forming his or her own views.
Amendment 1460 #
Proposal for a regulation Article 13 – paragraph 4 – point e Amendment 1461 #
Proposal for a regulation Article 13 – paragraph 4 – point e (e) where the applicant is a
Amendment 1462 #
Proposal for a regulation Article 13 – paragraph 4 – point e (e) where the applicant is an unaccompanied
Amendment 1463 #
Proposal for a regulation Article 13 – paragraph 4 – point e (e) where the applicant is an unaccompanied minor, the information provided by the
Amendment 1464 #
Proposal for a regulation Article 13 – paragraph 4 – point e (e) where the applicant is an unaccompanied minor, the information provided by the
Amendment 1465 #
Proposal for a regulation Article 13 – paragraph 4 – point e a (new) (ea) the guarantee of a handover to a designated guardian in the receiving Member State in case of a transfer;
Amendment 1466 #
Proposal for a regulation Article 13 – paragraph 5 Amendment 1467 #
Proposal for a regulation Article 13 – paragraph 5 5. Before transferring a
Amendment 1468 #
5. Before transferring an unaccompanied minor to
Amendment 1469 #
Proposal for a regulation Article 13 – paragraph 5 Amendment 1470 #
Proposal for a regulation Article 13 – paragraph 5 5. Before transferring an unaccompanied minor to the Member State responsible
Amendment 1471 #
Proposal for a regulation Article 13 – paragraph 5 5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The
Amendment 1472 #
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay, and appoints a guardian. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1473 #
Proposal for a regulation Article 13 – paragraph 5 5. Before transferring a
Amendment 1474 #
Proposal for a regulation Article 13 – paragraph 5 5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall
Amendment 1475 #
Proposal for a regulation Article 13 – paragraph 5 5. Before transferring a
Amendment 1476 #
Proposal for a regulation Article 13 – paragraph 6 – introductory part 6. For the purpose of applying Article 15, the Member State where the unaccompanied minor or child’s application for international protection was registered shall, as soon as possible, take appropriate action to identify the family members or relatives of the unaccompanied minor or child on the territory of Member States, whilst protecting the best interests of the child.
Amendment 1477 #
Proposal for a regulation Article 13 – paragraph 6 – introductory part 6. For the purpose of applying Article 15, the Member State where
Amendment 1478 #
Proposal for a regulation Article 13 – paragraph 6 – introductory part 6. For the purpose of applying Article 15, the Member State where the
Amendment 1479 #
Proposal for a regulation Article 13 – paragraph 6 – introductory part 6. For the purpose of applying Article 15, the Member State where the unaccompanied minor’s application for international protection was registered shall
Amendment 1480 #
Proposal for a regulation Article 13 – paragraph 6 – subparagraph 1 To that end, that Member State may call for the assistance of international or other
Amendment 1481 #
Proposal for a regulation Article 13 – paragraph 6 – subparagraph 1 To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations, as soon as possible after an application for international protection is made, whilst protecting his or her best interests. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety.
Amendment 1482 #
Proposal for a regulation Article 13 – paragraph 6 – subparagraph 1 To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations as soon as possible after an application for international protection is made, whilst protecting his other best interests. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety.
Amendment 1483 #
Proposal for a regulation Article 13 – paragraph 6 – subparagraph 2 The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors
Amendment 1484 #
Proposal for a regulation Article 13 – paragraph 6 – subparagraph 2 The staff of the competent authorities referred to in Article 41 who deal with requests concerning
Amendment 1485 #
Proposal for a regulation Article 13 – paragraph 6 – subparagraph 2 The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors and the identification of vulnerabilities or trauma.
Amendment 1486 #
Proposal for a regulation Article 13 – paragraph 6 – subparagraph 2 The staff of the competent authorities referred to in Article 41 who deal with requests concerning
Amendment 1487 #
Proposal for a regulation Article 13 – paragraph 6 – subparagraph 2 The staff of the competent authorities referred to in Article 41 who deal with requests concerning
Amendment 1488 #
Proposal for a regulation Article 13 – paragraph 7 7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission
Amendment 1489 #
Proposal for a regulation Article 13 – paragraph 7 7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt
Amendment 1490 #
Proposal for a regulation Article 13 – paragraph 7 7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor or child living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member
Amendment 1491 #
Proposal for a regulation Article 13 – paragraph 7 7. With a view to facilitating the appropriate action to identify the family members or relatives of the
Amendment 1492 #
Proposal for a regulation Article 13 a (new) Amendment 1493 #
Proposal for a regulation Article 13 a (new) Article 13a Cost of reception 1. The costs of reception of an applicant supported by determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union as provided under Article 11, paragraph 1 of Regulation 2021/1147 [Asylum, Migration and Integration Fund]. 2. For the purpose of the first paragraph, Member States shall comply with Directive XXX/XXX [Reception Conditions Directive].
Amendment 1494 #
Proposal for a regulation Article 14 – title Hierarchy of criteria upon arrival and disembarkation, including following search and rescue operations
Amendment 1495 #
Proposal for a regulation Article 14 – paragraph 1 1. The criteria for determining the Member State responsible shall be applied in the order in which they are set out in this Chapter II.
Amendment 1496 #
Proposal for a regulation Article 14 – paragraph 2 2. The Member State responsible
Amendment 1497 #
Proposal for a regulation Article 14 – paragraph 2 a (new) Amendment 1498 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. When it is not possible to determine the Member State responsible on the basis of the other criteria set out in this Chapter, the Member State responsible shall be determined on the basis of the automatic solidarity mechanism set out in Chapter I of Part IV.
Amendment 1499 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. Articles 20a and 20b will not apply if the applicant arrived irregularly prior in another Member State.
Amendment 1500 #
Proposal for a regulation Article 14 – paragraph 2 b (new) 2b. That Member State, assisted by the Asylum Agency, shall arrange, upon arrival or after disembarkation, including following search and rescue operations and activities, for an interview with the applicant in order to identify his or her meaningful links with one or more member States including that of arrival. The applicant has the right to be informed and cooperate in line with article 11 of this Regulation.
Amendment 1501 #
Proposal for a regulation Article 14 – paragraph 2 c (new) Amendment 1502 #
Proposal for a regulation Article 14 – paragraph 2 d (new) 2d. The Member State of entry, in cooperation with the Asylum Agency, shall inform the applicant of the determination and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 1503 #
Proposal for a regulation Article 14 – paragraph 2 e (new) 2e. If no meaningful links with a Member State are established or no criteria listed in this Chapter are applicable, the procedure established in Article 45 of this Regulation shall apply.
Amendment 1506 #
Proposal for a regulation Article 15 – paragraph -1 (new) -1. Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, and one parent or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising family unity, taking into account the best interest of the child.
Amendment 1507 #
Proposal for a regulation Article 15 – paragraph 2 2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. In a scenario where the applicant is a married minor below the age of 16, the Member State responsible shall still be the Member State where the father, mother or other non- spouse adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present, regardless of whether the adult spouse of the minor is legally present or not within a Member State.
Amendment 1508 #
Proposal for a regulation Article 15 – paragraph 2 2. The Member State responsible shall be that where a family member of the unaccompanied minor is
Amendment 1509 #
Proposal for a regulation Article 15 – paragraph 2 2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present,
Amendment 1510 #
Proposal for a regulation Article 15 – paragraph 2 2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present,
Amendment 1511 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 1 (new) Where the applicant is a married minor whose adult spouse is legally present on the territory of the Member States, the Member State responsible shall be the Member State where the adult spouse is legally present, provided that the applicant expresses its desire for such a reunification in writing. Where such conditions are not met, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. For the purpose of this Regulation, on the basis of an individual assessment, a minor shall be considered unmarried if his or her marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.
Amendment 1512 #
Proposal for a regulation Article 15 – paragraph 3 3. Where the applicant has a relative who is legally present in another Member State and where it is established, based on an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible,
Amendment 1513 #
Proposal for a regulation Article 15 – paragraph 3 3. Where the applicant has a relative who is
Amendment 1514 #
Proposal for a regulation Article 15 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied
Amendment 1515 #
Proposal for a regulation Article 15 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 1516 #
Proposal for a regulation Article 15 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 1517 #
Proposal for a regulation Article 15 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 1518 #
Proposal for a regulation Article 15 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 1519 #
Proposal for a regulation Article 15 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s entry to Member State territory or where their application for international protection was first registered
Amendment 1520 #
Proposal for a regulation Article 15 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, or the application of Article 25, the Member State responsible shall be that where the unaccompanied minor
Amendment 1521 #
Proposal for a regulation Article 15 – paragraph 5 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor
Amendment 1522 #
Proposal for a regulation Article 15 – paragraph 6 Amendment 1523 #
Proposal for a regulation Article 15 – paragraph 6 Amendment 1524 #
Proposal for a regulation Article 15 – paragraph 6 – point a (a) the identification of family members or relatives of unaccompanied minors, as well as an assessment of the age of these latter;
Amendment 1525 #
Proposal for a regulation Article 15 – paragraph 6 – point c Amendment 1526 #
Proposal for a regulation Article 15 – paragraph 6 – subparagraph 1 In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 13(4) and shall consult relevant experts including children's rights NGOs.
Amendment 1527 #
Proposal for a regulation Article 15 – paragraph 6 – subparagraph 1 In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 13(4) and shall consult experts in the field of the rights of the child.
Amendment 1528 #
Proposal for a regulation Article 15 – paragraph 7 7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of an unaccompanied child is being contemplated or implemented, including providing for sharing of information about the child, with the informed consent of the child Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1529 #
Proposal for a regulation Article 15 – paragraph 7 7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of a minor is being contemplated or implemented, including providing for sharing of information about the minor, with the informed consent of the minor. Those implementing acts shall be adopted in accordance with the
Amendment 1530 #
Proposal for a regulation Article 15 – paragraph 7 7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of an unaccompanied child is being contemplated or implemented, including providing for sharing of information about the child, with the informed consent of the child. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1531 #
Proposal for a regulation Article 16 Amendment 1532 #
Proposal for a regulation Article 16 Amendment 1533 #
Proposal for a regulation Article 16 – title 16 Family members who
Amendment 1534 #
Proposal for a regulation Article 16 – title Family members who
Amendment 1535 #
Proposal for a regulation Article 16 – title Family members who
Amendment 1536 #
Proposal for a regulation Article 16 – paragraph 1 Where the applicant has a family member
Amendment 1537 #
Proposal for a regulation Article 16 – paragraph 1 Where the applicant has a family member
Amendment 1538 #
Proposal for a regulation Article 16 – paragraph 1 Where the applicant has a family member who
Amendment 1539 #
Proposal for a regulation Article 17 Amendment 1540 #
Proposal for a regulation Article 17 – paragraph 1 Amendment 1541 #
Proposal for a regulation Article 17 – paragraph 1 Where the applicant has a family member
Amendment 1542 #
Proposal for a regulation Article 18 Amendment 1543 #
Proposal for a regulation Article 18 – paragraph 1 Amendment 1544 #
Proposal for a regulation Article 18 – paragraph 1 a (new) The processing together of the applications of a family is without prejudice to the right of an applicant to make an application individually.
Amendment 1545 #
Proposal for a regulation Article 19 Amendment 1546 #
Proposal for a regulation Article 19 – paragraph 1 1. Where the applicant is in
Amendment 1547 #
Proposal for a regulation Article 19 – paragraph 3 – introductory part 3. Where the applicant is in possession of more than one valid or expired residence document or visa issued by different Member States, the
Amendment 1548 #
Proposal for a regulation Article 19 – paragraph 3 – point a Amendment 1549 #
Proposal for a regulation Article 19 – paragraph 3 – point b Amendment 1550 #
Proposal for a regulation Article 19 – paragraph 3 – point c Amendment 1551 #
Amendment 1552 #
Proposal for a regulation Article 19 – paragraph 4 4. Where the applicant is in possession of one or more residence documents which expired less than 6 months before the application was registered or one or more visas which expired less than t
Amendment 1553 #
Proposal for a regulation Article 19 – paragraph 4 4. Where the applicant is in possession of one or more residence documents or one or more visas which expired less than
Amendment 1554 #
Proposal for a regulation Article 19 – paragraph 4 4. Where the applicant is in possession of one or more residence documents or one or more visas which expired
Amendment 1555 #
Proposal for a regulation Article 19 – paragraph 5 Amendment 1556 #
Proposal for a regulation Article 19 a (new) Article 19a Previous stays If the applicant has resided legally for at least two years in a Member state with a valid residence permit, the Member state shall be responsible for examining his or her application for international protection.
Amendment 1557 #
Proposal for a regulation Article 20 Amendment 1558 #
Proposal for a regulation Article 20 Amendment 1559 #
Proposal for a regulation Article 20 – paragraph 1 1. Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State
Amendment 1560 #
Proposal for a regulation Article 20 – paragraph 1 1. Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection. Online training or other forms of distance learning shall not be considered to be relevant.
Amendment 1561 #
Proposal for a regulation Article 20 – paragraph 1 1. Where the applicant is in possession of a diploma or qualification issued by an education establishment or a certificate of vocational competency established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection.
Amendment 1562 #
Proposal for a regulation Article 20 – paragraph 2 2. Where the applicant is in possession of more than one diploma or qualification issued by education establishments in different Member States, the
Amendment 1563 #
Proposal for a regulation Article 20 a (new) Article 20a Visa waived entry If a third-country national or a stateless person enters into the EU territory through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory.
Amendment 1564 #
Proposal for a regulation Article 20 b (new) Article 20b Application in an international transit area of an airport Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.
Amendment 1565 #
Proposal for a regulation Article 21 Amendment 1566 #
Proposal for a regulation Article 21 Amendment 1567 #
Proposal for a regulation Article 21 Amendment 1568 #
Proposal for a regulation Article 21 Amendment 1569 #
Proposal for a regulation Article 21 Amendment 1570 #
Proposal for a regulation Article 21 – paragraph 1 Amendment 1571 #
Proposal for a regulation Article 21 – paragraph 1 1. Where it is established, on the basis of proof or circumstantial evidence
Amendment 1572 #
Proposal for a regulation Article 21 – paragraph 1 1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than
Amendment 1573 #
Proposal for a regulation Article 21 – paragraph 1 1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than
Amendment 1574 #
Proposal for a regulation Article 21 – paragraph 1 1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has i
Amendment 1575 #
Proposal for a regulation Article 21 – paragraph 2 Amendment 1576 #
Proposal for a regulation Article 21 – paragraph 3 Amendment 1577 #
Proposal for a regulation Article 21 – paragraph 3 Amendment 1578 #
Proposal for a regulation Article 21 – paragraph 3 Amendment 1579 #
Proposal for a regulation Article 21 – paragraph 3 Amendment 1580 #
Proposal for a regulation Article 21 – paragraph 3 3. Paragraphs 1 and 2 shall not apply if Article 25 applies or if it can be established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that the applicant was relocated pursuant to Article 57 of this Regulation to another Member
Amendment 1581 #
Proposal for a regulation Article 21 a (new) Article 21a Where, despite the legal requirement set out by the Regulation, a third country national disembarks on the European territory following a search and rescue operation carried out by a private organisation, the member State responsible for registering the application should be the one that provided a navigation permit to the disembarking vessel.
Amendment 1582 #
Proposal for a regulation Article 22 Amendment 1583 #
Proposal for a regulation Article 22 Amendment 1584 #
Proposal for a regulation Article 22 Amendment 1585 #
Proposal for a regulation Article 22 – paragraph 1 If a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, enters into the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than
Amendment 1586 #
Proposal for a regulation Article 22 – paragraph 1 If a third-country national or a stateless person enters into the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than
Amendment 1587 #
Proposal for a regulation Article 22 – paragraph 1 If a third-country national or a stateless person enters into the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than
Amendment 1588 #
Proposal for a regulation Article 23 A
Amendment 1589 #
Proposal for a regulation Article 23 A
Amendment 1590 #
Proposal for a regulation Article 23 – paragraph 1 Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, that Member State shall be responsible for examining the application.
Amendment 1591 #
Proposal for a regulation Article 23 a (new) Article 23 a Automatic relocation Where it is not possible to determine the Member State responsible in accordance with the criteria in this Chapter, the Member State responsible shall be identified from among the ten Member States with the lowest numbers of applicants relative to their share pursuant to the reference key referred to in Article 54, and shall be determined through the procedure outlined in 23b of this Regulation.
Amendment 1592 #
Proposal for a regulation Article 23 a (new) Article 23 a Where it is not possible to determine a Member State responsible in accordance with the criteria set in this Chapter, the Member State responsible shall be determined according to the procedure set out in Article 31a of this Regulation.
Amendment 1593 #
Proposal for a regulation Article 23 b (new) Article 23 b Application of the reference key 1a. Where the Member State responsible cannot be determined in accordance with the criteria set out in Chapter II, the determining Member State shall communicate to the applicant that his or her application for international protection will be examined by a Member State of allocation. 1b. On the basis of the reference key referred to in Article 54, a list of ten Member States with the lowest number of applicants relative to their share pursuant to that reference key shall be determined. 1c. The determining Member State shall communicate the list referred to in paragraph 1b, together with information about the Member States on that list, to the applicant. Within five days of that communication the applicant shall be given the opportunity to select three Member States of allocation in order of preference among the Member States included in the list. If the applicant does not select a Member State in accordance with the first subparagraph of this paragraph, the determining Member State shall allocate the applicant to the Member State on the list with the lowest number of applicants relative to their share pursuant to the reference key referred to in Article 54 when the list was compiled in accordance with paragraph 1b of this Article.
Amendment 1594 #
Proposal for a regulation Article 23 c (new) Article 23 c Commission delegated acts for the automated mechanism The Commission is empowered to adopt delegated acts in accordance with Article 68 concerning the methods for automatically applying: (a) the reference key in Article 54, and (b) the procedure in Article 23b. In exercising its powers to adopt delegated acts, the Commission shall consult the Asylum Agency. The Commission shall also consult the EU Relocation Coordinator with regard to the application of these Articles to Part IV of this Regulation.
Amendment 1595 #
Proposal for a regulation Part III – Chapter III – title III DEPENDENT PERSONS
Amendment 1596 #
Proposal for a regulation Article 24 – paragraph 1 – introductory part 1. Where, on account of pregnancy
Amendment 1597 #
Proposal for a regulation Article 24 – paragraph 1 – introductory part 1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability,
Amendment 1598 #
Proposal for a regulation Article 24 – paragraph 1 – introductory part 1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1599 #
1. Where
Amendment 1600 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Where there are indications that a child
Amendment 1601 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Where there are indications that a
Amendment 1602 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Where there are indications that a
Amendment 1603 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 Where there are indications that a child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1604 #
Proposal for a regulation Article 24 – paragraph 2 2. Where the
Amendment 1605 #
Proposal for a regulation Article 24 – paragraph 2 2. Where the
Amendment 1606 #
Proposal for a regulation Article 24 – paragraph 2 2. Where the child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the child, sibling or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child, sibling or parent of the applicant to its territory.
Amendment 1607 #
Proposal for a regulation Article 24 – paragraph 2 2. Where the child
Amendment 1608 #
Proposal for a regulation Article 24 – paragraph 3 Amendment 1609 #
Proposal for a regulation Article 24 – paragraph 3 – point c Amendment 1610 #
Proposal for a regulation Article 24 – paragraph 3 – subparagraph 1 (new) In exercising its powers to adopt delegated acts, the Commission shall consult experts in the field of the rights of the child, medicine and social welfare.
Amendment 1611 #
3a. In exercising its powers to adopt delegated acts, the Commission shall consult relevant experts including child rights, medical and socio-medical experts including children's rights NGOs.
Amendment 1612 #
Proposal for a regulation Article 24 – paragraph 4 4. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). The Member States shall use the Common and secured electronic transmission and communication system referred to in Article 40a to exchange information under the present Article.
Amendment 1613 #
Proposal for a regulation Article 24 a (new) Article 24 a Sponsorship 1. A Member State may provide the possibility that recognised organisations working in that Member State in the field of refugee protection programmes and prevention of trafficking in human beings become the sponsor of an applicant who has applied for international protection in the Union. The sponsoring organization shall arrange for the applicant's relocation and stay in the Member State until a final decision is taken on his or her application for international protection. 2. If the Member State in which the organization is established agrees to take charge of the applicant, it becomes the Member State responsible for examining the application for international protection.
Amendment 1614 #
Proposal for a regulation Article 25 – paragraph 1 1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person. pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, registered with it, even if such examination is not its responsibility under the criteria laid down in
Amendment 1615 #
Proposal for a regulation Article 25 – paragraph 1 1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person
Amendment 1616 #
Proposal for a regulation Article 25 – paragraph 1 a (new) 1a. An applicant may request any Member State to apply this paragraph. Such a request shall be made in writing and shall be duly motivated
Amendment 1617 #
Proposal for a regulation Article 25 – paragraph 2 – introductory part 2. The Member State in which an application for international protection is
Amendment 1618 #
Proposal for a regulation Article 25 – paragraph 2 – introductory part 2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on
Amendment 1619 #
Proposal for a regulation Article 25 – paragraph 2 – introductory part 2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family or cultural considerations, or to support a Member State under migratory pressure or with a risk of migratory pressure even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.
Amendment 1620 #
Proposal for a regulation Article 25 – paragraph 2 – subparagraph 2 The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within
Amendment 1621 #
Proposal for a regulation Article 25 – paragraph 2 – subparagraph 2 The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. Where no reply is provided within the set time limit, acceptance is presumed. A reply refusing the request shall state the reasons on which the refusal is based.
Amendment 1622 #
Proposal for a regulation Article 25 – paragraph 2 – subparagraph 2 The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the
Amendment 1623 #
Proposal for a regulation Article 25 – paragraph 2 – subparagraph 2 The requested Member State shall carry out any necessary checks to examine the
Amendment 1624 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2a. An applicant may request a Member State in which the application for international protection was registered to apply paragraph 2. Such a request shall be made in writing, shall be duly motivated and shall be addressed to the competent authorities of the determining Member State with which that application has been registered. The competent authorities of the determining Member State shall ensure that a request of this paragraph is forwarded to the competent authorities responsible in the Member State requested by the applicant. The requested Member State shall indicate, within two weeks of receipt of the request, whether it intends to assume responsibility for the application for international protection. The requested Member State may extend the deadline by two additional weeks if this is notified to the Member State where the application for international protection was lodged in writing. If a reply has not been received within that deadline the request shall be considered to have been accepted.
Amendment 1625 #
Proposal for a regulation Article 25 – paragraph 2 b (new) 2b. Where the requested Member State accepts the request in accordance with paragraph 2a, it shall become the Member State responsible. The Member State where the application for international protection was lodged shall ensure that the applicant is transferred to the Member State responsible.
Amendment 1626 #
Proposal for a regulation Article 25 – paragraph 2 c (new) 2c. The Commission shall, by means of implementing acts, draw up a common form to be used for the purpose of the procedure referred to in paragraph 2a
Amendment 1627 #
Proposal for a regulation Article 25 a (new) Amendment 1628 #
Proposal for a regulation Article 25 a (new) Amendment 1629 #
Proposal for a regulation Article 25 a (new) Article 25 a Light Family procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indicators showing that they are likely to have the right to family reunification in accordance with Article 13, 15, 16, 24a. 2. If it is determined pursuant to paragraphs 1 and 2 that an applicant has, prima facie, the right to family reunification in accordance with Article 13, 15, 16 24a, the determining Member State shall notify the Member State of allocation thereof and the applicant shall be transferred to that Member State. 3. In accordance with the procedure referred to in paragraph 2, the Member State of allocation shall make the determination of whether the conditions for family reunification in accordance with Article 18 are met. If this is the case the Member state of allocation shall become the Member State responsible.
Amendment 1630 #
Proposal for a regulation Article 25 b (new) Amendment 1631 #
Proposal for a regulation Article 25 b (new) Article 25 b Light procedure for meaningful links 1. The determining Member State shall swiftly determine a Member State of allocation where there is, prima facie, sufficient indicators showing that an applicant has meaningful links in accordance with Article 19 or 20 with a particular Member State other than the determining Member State. 2. In establishing whether there is sufficient indicators showing that the applicant has meaningful links to a particular Member State in accordance with Article 19 or 20, the determining Member State shall base its determination on the evidence and other information provided by the applicant and shall consult relevant Union databases. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State of allocation unless the evidence and information provided can be verified by that Member State. If the information provided by the applicant, or gathered through the relevant Union databases, does not give rise to manifest reasons to doubt that Article 19 or 20 applies for a particular Member State, the determining Member State shall conclude that, prima facie, there are sufficient indicators showing that the links in question meet the requirements of paragraph 1 of this Article. The competent authorities of the Member State where the applicant could have a link in accordance with 19 or 20 shall assist the competent authorities of the determining Member State with answering any questions aiming to clarify whether the alleged links are correct. 3. If the determining Member State considers, pursuant to paragraphs 1 and 2, that a particular Member State is likely, prima facie, to be the Member State of allocation in accordance with Article 19 or 20, the determining Member State shall notify the Member State of allocation and the applicant shall be transferred to that Member State. 4. The determining Member State shall transfer all the information provided by the applicant to the Member State of allocation using the 'DubliNet' electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. 5. The Member State of allocation shall, in accordance with the procedure referred to in paragraph 3, determine whether the conditions in Article 19 or 20 are met. If so, the Member State of allocation shall become the Member State responsible. 6. If it is determined that the conditions are not met, the Member State of allocation shall ensure that the applicant is relocated to another Member State responsible in accordance with the procedure laid down in Article 31a.
Amendment 1632 #
Proposal for a regulation Part III – Chapter IV – title IV OBLIGATIONS OF THE MEMBER STATE
Amendment 1633 #
Proposal for a regulation Article -26 (new) Article -26 Obligations of the Member States during the process of determination 1. Member States shall cooperate closely and effectively with a view to ensure a fair and efficient process of determination of the Member State responsible of an application for international protection. 2. During the process of determination, where the applicant declares to have family members pursuant to Article 15 to 17, the Member State where the family is deemed to be present shall work closely with the determining Member State to quickly establish whether it is or not responsible for that applicant. Member States shall use the Common and secured electronic transmission and communication system to facilitate for this purpose.
Amendment 1634 #
Proposal for a regulation Article 26 – paragraph 1 – point a Amendment 1635 #
Proposal for a regulation Article 26 – paragraph 1 – point a (a) take charge, under the conditions laid down in Articles 29, 30 and 35, of an applicant who
Amendment 1636 #
Proposal for a regulation Article 26 – paragraph 1 – point a a (new) (aa) reject all requests for international protection made by applicants who have entered a Member State of the European Union by illegal means, or who have passed through a safe country on the way to the Member State.
Amendment 1637 #
Proposal for a regulation Article 26 – paragraph 1 – point b Amendment 1638 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) take back, under the conditions laid down in Articles 31 and 35 of this Regulation, an applicant
Amendment 1639 #
Proposal for a regulation Article 26 – paragraph 1 – point b (b) take back, under the conditions laid down in Articles 31 and 35 of this Regulation, an applicant
Amendment 1640 #
Proposal for a regulation Article 26 – paragraph 1 – point c Amendment 1641 #
Proposal for a regulation Article 26 – paragraph 1 – point c Amendment 1642 #
Proposal for a regulation Article 26 – paragraph 1 – point c Amendment 1643 #
Proposal for a regulation Article 26 – paragraph 1 – point c Amendment 1644 #
Proposal for a regulation Article 26 – paragraph 1 – point c Amendment 1645 #
Proposal for a regulation Article 26 – paragraph 1 – point c Amendment 1646 #
Proposal for a regulation Article 26 – paragraph 1 – point d Amendment 1647 #
Proposal for a regulation Article 26 – paragraph 1 – point d Amendment 1648 #
Proposal for a regulation Article 26 – paragraph 1 – point d Amendment 1649 #
Proposal for a regulation Article 26 – paragraph 1 – point d Amendment 1650 #
Proposal for a regulation Article 26 – paragraph 1 – point d Amendment 1651 #
Proposal for a regulation Article 26 – paragraph 1 – point d (d) take back, under the conditions laid down in Articles 31 and 35 of this Regulation, a resettled or admitted person who has made an application for international protection or who is irregularly staying in a Member State other than the Member State which accepted to admit him or her in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation]
Amendment 1652 #
Proposal for a regulation Article 26 – paragraph 1 – point d (d) take back, under the conditions laid down in Articles 31 and 35 of this Regulation, a resettled or admitted person who has made an application for international protection or who is i
Amendment 1653 #
Proposal for a regulation Article 26 – paragraph 1 – point d a (new) (da) Member States shall make all necessary practical and legal arrangements to comply with their obligations under the first subparagraph.
Amendment 1654 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of this Regulation, the situation of a minor or child who is accompanying the applicant and meets the definition of family member shall be indissociable from that of his or her family member and the minor or child shall be taken charge of or taken back by the Member
Amendment 1655 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 1656 #
Proposal for a regulation Article 26 a (new) Amendment 1657 #
Proposal for a regulation Article 27 – paragraph 1 – introductory part 1. Where a Member State issues a residence document to the applicant, decides to apply Article 25, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 35, that Member State shall become the Member State responsible and the obligations laid down in Article 26 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of the applicant or has received a take back
Amendment 1658 #
Proposal for a regulation Article 27 – paragraph 1 – introductory part 1. Where a Member State issues a residence document to the applicant, decides to apply Article 25, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 35, that Member State shall become the Member State responsible and the obligations laid down in Article 26 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of or take back the applicant
Amendment 1659 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the beneficiary does not claim before a judge that in the Member State primarily designated as responsible there are substantial grounds for believing that he or she would be in danger of being subjected to torture or inhuman or degrading treatments and punishments, in contrast with Article 4 of the EU Charter of Fundamental Rights, pursuant to Article 8 (3).
Amendment 166 #
Draft legislative resolution Paragraph 1 1.
Amendment 1660 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State or if the person's status is under review by the responsible Member State.
Amendment 1661 #
Proposal for a regulation Article 27 – paragraph 2 – introductory part 2. The obligation
Amendment 1662 #
Proposal for a regulation Article 27 – paragraph 2 – introductory part 2. The obligation
Amendment 1663 #
Proposal for a regulation Article 27 – paragraph 2 – introductory part 2. The obligation laid down in Article 26(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it can be established, on the basis of the update of the data set referred to in Article 11(2)(c) of Regulation (EU) XXX/XXX [Eurodac Regulation], that the person concerned has left the territory of the Member States, on either a compulsory or a voluntary basis, whether or not in compliance with a return decision or removal order issued following the withdrawal or rejection of the application.
Amendment 1664 #
Proposal for a regulation Article 27 – paragraph 2 – subparagraph 1 Amendment 1665 #
Proposal for a regulation Article 27 – paragraph 2 – subparagraph 1 Amendment 1666 #
Proposal for a regulation Article 27 – paragraph 2 – subparagraph 1 An application registered after
Amendment 1667 #
Proposal for a regulation Article 27 – paragraph 2 a (new) 2a. The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant or another person as referred in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1668 #
Proposal for a regulation Article 28 – paragraph 1 1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], where the third-country national is legally present or, where applicable, the Member State of relocation shall start the process of determining the Member State responsible without delay.
Amendment 1669 #
Proposal for a regulation Article 28 – paragraph 1 1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure
Amendment 167 #
Draft legislative resolution Paragraph 1 1.
Amendment 1670 #
Proposal for a regulation Article 28 – paragraph 1 1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation]
Amendment 1671 #
Proposal for a regulation Article 28 – paragraph 1 1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation]
Amendment 1672 #
Proposal for a regulation Article 28 – paragraph 1 1. The Member State wh
Amendment 1673 #
Proposal for a regulation Article 28 – paragraph 1 a (new) 1a. The process of determining the Member State responsible takes place, in case the applicant has crossed the border by land, in facilities close to the point of entry or close to the border, which are equipped to register and process applications without delay; in case the applicant has entered by land or by the sea the determination shall take place at the port or the airport;
Amendment 1674 #
Proposal for a regulation Article 28 – paragraph 2 2. The
Amendment 1675 #
Proposal for a regulation Article 28 – paragraph 2 2.
Amendment 1676 #
Proposal for a regulation Article 28 – paragraph 2 2. The Member State
Amendment 1677 #
Proposal for a regulation Article 28 – paragraph 2 2. The Member State where an application is first registered
Amendment 1678 #
Proposal for a regulation Article 28 – paragraph 2 2. The Member State where an application is first registered
Amendment 1679 #
Proposal for a regulation Article 28 – paragraph 3 – introductory part 3. The Member State which has conducted the process of determining the Member State responsible or which has become responsible pursuant to Article 8(4) of this Regulation or by relocation of the applicant to its territory shall indicate in Eurodac without delay pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]:
Amendment 168 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a
Amendment 1680 #
Proposal for a regulation Article 28 – paragraph 3 – point b a (new) (ba) its responsibility following relocation pursuant to Article 23a or Part IV of this Regulation
Amendment 1681 #
Proposal for a regulation Article 28 – paragraph 4 – introductory part 4. An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registered with a view to completing the process of determining the Member State responsible, unless there is a risk of violations of fundamental rights.
Amendment 1682 #
Proposal for a regulation Article 28 – paragraph 4 – introductory part 4. An applicant who is present in another Member State without a residence document
Amendment 1683 #
Proposal for a regulation Article 28 – paragraph 4 – introductory part 4. An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registered, with a view to completing the process of determination of the Member State responsible.
Amendment 1684 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 1 Amendment 1685 #
Proposal for a regulation Article 28 – paragraph 4 – subparagraph 1 That obligation shall cease where the Member State determining the Member State responsible can establish that the applicant has obtained a residence document from another Member State or where the Member State where the applicant is present decides to take responsibility for the examination of the application for international protection pursuant to Article 25.
Amendment 1686 #
Proposal for a regulation Article 28 – paragraph 5 Amendment 1687 #
Proposal for a regulation Article 28 – paragraph 5 Amendment 1688 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. If, after having established the identity of the applicant, a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1689 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. If a Member State
Amendment 169 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum
Amendment 1690 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within t
Amendment 1691 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within t
Amendment 1692 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within t
Amendment 1693 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within t
Amendment 1694 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. If a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within t
Amendment 1695 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. If a Member State where an application for international protection has
Amendment 1696 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 1 Amendment 1697 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 1 Amendment 1698 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 1 Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within
Amendment 1699 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 1 Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within
Amendment 170 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum and migration
Amendment 1700 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 1 Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within
Amendment 1701 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 1 Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within
Amendment 1702 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 1 Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within one
Amendment 1703 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 2 Amendment 1704 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 3 Where the applicant is an unaccompanied minor
Amendment 1705 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 3 Where the applicant is a
Amendment 1706 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 3 Where the applicant is an unaccompanied minor, time referred to in subparagraph 1 and 2 shall start to run when a guardian has been appointed and when the best interests of the child assessment has been concluded. The determining Member State may also, where it considers that it is in the best interest of the minor, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1707 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 3 Where the applicant is an unaccompanied minor or the request is based on Article 16 or 17, the determining Member State may, where it considers that it is in the best interest of the minor, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1708 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 3 Where the applicant is an unaccompanied
Amendment 1709 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 3 Where the applicant is a
Amendment 171 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) thereof, and Article 80,
Amendment 1710 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 3 Where the applicant is an unaccompanied minor
Amendment 1711 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 3 a (new) The Member State first determined to be responsible may request another Member State to take charge of the applicant, pursuant the application of the criteria on unaccompanied minors and family members, until a decision on the application is taken and despite the expiry of the time limits laid down in the first subparagraph.
Amendment 1712 #
Proposal for a regulation Article 29 – paragraph 2 – subparagraph 1 The request shall state the reasons warranting an urgent reply and the period within which a reply is requested. That period shall be at least
Amendment 1713 #
Proposal for a regulation Article 29 – paragraph 3 – introductory part 3. In the cases referred to in paragraphs 1 and 2,
Amendment 1714 #
Proposal for a regulation Article 29 – paragraph 3 – subparagraph 1 The information shall be communicated between the Member States through the Common and secured electronic transmission and communication system referred to in Article 40a. In accordance with that article, the Commission shall, by means of implementing acts, adopt uniform conditions on the preparation and submission of take charge requests.
Amendment 1715 #
Proposal for a regulation Article 30 – paragraph 1 1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within
Amendment 1716 #
Proposal for a regulation Article 30 – paragraph 1 1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within
Amendment 1717 #
Proposal for a regulation Article 30 – paragraph 1 1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within
Amendment 1718 #
Proposal for a regulation Article 30 – paragraph 2 Amendment 1719 #
Proposal for a regulation Article 30 – paragraph 2 Amendment 172 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79
Amendment 1720 #
Proposal for a regulation Article 30 – paragraph 2 2. Notwithstanding the first paragraph, in the case of a Eurodac hit with data recorded pursuant to Article 13 and 14a of Regulation (EU) XXX/XXX
Amendment 1721 #
Proposal for a regulation Article 30 – paragraph 2 2. Notwithstanding the first paragraph, in the case of a Eurodac hit with data recorded pursuant to Article 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EC) No 767/2008, the requested Member State shall give a decision on the request within
Amendment 1722 #
Proposal for a regulation Article 30 – paragraph 2 2. Notwithstanding the first paragraph, in the case of a Eurodac hit with data recorded pursuant to Article 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21(2) of
Amendment 1723 #
Proposal for a regulation Article 30 – paragraph 4 – introductory part 4. The Commission shall, by means of
Amendment 1724 #
Proposal for a regulation Article 30 – paragraph 4 – introductory part 4. The Commission
Amendment 1725 #
Proposal for a regulation Article 30 – paragraph 4 – point a – point ii (ii) the Member States shall provide the Commi
Amendment 1726 #
Proposal for a regulation Article 30 – paragraph 4 – point a – point ii (ii) the Member States shall provide the Commi
Amendment 1727 #
Proposal for a regulation Article 30 – paragraph 6 6. The requested Member State shall acknowledge its responsibility
Amendment 1728 #
Proposal for a regulation Article 30 – paragraph 6 6. The requested Member State shall acknowledge its responsibility
Amendment 1729 #
Proposal for a regulation Article 30 – paragraph 7 7. Where the requesting Member State has asked for an urgent reply pursuant to Article 29(2), the requested Member State shall reply within the period requested or,
Amendment 173 #
Proposal for a regulation Recital 1 (1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum
Amendment 1730 #
Proposal for a regulation Article 30 – paragraph 8 8. Where the requested Member State does not object to the request within the
Amendment 1731 #
Proposal for a regulation Article 30 – paragraph 8 8. Where the requested Member State does not object to the request within the one-month period set out in paragraph 1 by a reply which gives full and |