79 Amendments of Michal ŠIMEČKA related to 2020/0279(COD)
Amendment 171 #
Proposal for a regulation
Citation 1
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 186 #
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and, in an integrated manner, and properly implemented.
Amendment 200 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member Statesand dignified treatment of applicants for international protection or of third-country nationals residing legally or those subject to a return decision, and the respect of their human rights in every Member States, the fair and efficient return of third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, and the prevention of, and enhanced measures to combat, illegal migration and, migrant smuggling and human trafficking.
Amendment 221 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to reflect the whole of government approach and ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, which is part of the comprehensive approach. Such integrated policy-making approach is an essential part of a well-functioning Schengen area.
Amendment 223 #
Proposal for a regulation
Recital 7
Recital 7
(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should be able to adapt their resources to the variation of migratory flows. Member States should allocate adequate staff for their competent authorities, in terms of level, expertise, training and independence. They should also ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States, in particular thanks to common and secured communication channels as well as regular meetings.
Amendment 235 #
Proposal for a regulation
Recital 8
Recital 8
(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies, bodies and offices and on the national strategies of the Member States.
Amendment 238 #
Proposal for a regulation
Recital 9
Recital 9
(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level. To this end, the duties of the Member States in respect of their competences should be clearly defined.
Amendment 276 #
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy, while fully complying with fundamental rights and the principle of non-refoulement. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need and the quality of asylum and return decisions.
Amendment 283 #
Proposal for a regulation
Recital 15
Recital 15
(15) TIt is necessary to strengthen cooperation with third countries on asylum, migration and border management, including in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, includ. Therefore, the Union and the Member States should develop a new mechanism of cooperation, including by setting out tailored-made and mutually beneficial partnerships with third-countries, comprising all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. Such partnerships should 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 the respect of the Union’s common values. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
Amendment 396 #
Proposal for a regulation
Recital 25
Recital 25
(25) WhenOn its own initiative or on a request from a Member State, the Commission should assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should taketaking account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by- case basis in order to be tailor-made to the needs of the Member State in question.
Amendment 419 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States mayshould recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part ofbe in line and complementary with the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 475 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respecting the principle of non- refoulement, are considered as safe countries for third-country nationals, unless an applicant risks suffering from inhuman or degrading treatment in a Member State.
Amendment 559 #
Proposal for a regulation
Recital 46
Recital 46
(46) The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. This should be without prejudice to the right of an applicant to lodge an application individually.
Amendment 576 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled before the arrival of the unaccompanied minor. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and, expertise and independence.
Amendment 585 #
Proposal for a regulation
Recital 49
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. The competent authorities from the Member States should cooperate closely during the process of determination to assess quickly whether family ties exist.
Amendment 604 #
Proposal for a regulation
Recital 52
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation. Such measure should be considered as a solidarity contribution.
Amendment 629 #
Proposal for a regulation
Recital 55
Recital 55
(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection and for providing clear information on the procedure to the applicant, unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them.
Amendment 635 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon, or in the event an applicant is in possession of new and tangible elements or evidence, which the competent authorities did not assess.
Amendment 673 #
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, strong financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.
Amendment 688 #
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66a) A Common and secured electronic transmission and communication system should also be set-up to facilitate the cooperation and the exchange of information between the Member States.
Amendment 696 #
Proposal for a regulation
Recital 70
Recital 70
(70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. _________________ 47Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1.
Amendment 738 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum and migration in the Union and the proper implementation of the Common European Asylum System;
Amendment 755 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law;
Amendment 792 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor or adult dependent children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 794 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarrieor an adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 800 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarrieor an adult dependent child, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 811 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v a (new)
Article 2 – paragraph 1 – point g – point v a (new)
(va) As a derogation to points (ii), (ii) and (iv), where the minor is married, the adult spouse constitutes a member of family provided that the marriage is 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 825 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];
Amendment 834 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a threefour months’ period of study achieved on the territory of a Member State in a recognised, state or regional programme of education or vocational training at least equivalent to level 21 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;
Amendment 846 #
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national lawand common criteria, clearly defined, to believe that an applicant who is subject to a transfer procedure may abscond. Such criteria shall be defined pursuant to the procedure in Article 2a;
Amendment 864 #
Proposal for a regulation
Article 2 – paragraph 1 – point t a (new)
Article 2 – paragraph 1 – point t a (new)
(ta) ‘transfer’ means the action and practical arrangements to complete a decision of take charge or take back from the Member State where an applicant is present to the Member State responsible according to Article 26 of this Regulation.;
Amendment 901 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Comprehensive approach and integrated policy-making to asylum and migration management
Amendment 938 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregular migration within and outside the EU;
Amendment 941 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
Amendment 972 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions, in particular for minors and applicant with specific needs;
Amendment 1107 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies and the External Action Service;
Amendment 1143 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Cooperation with third countries to facilitate return and readmissionon asylum, migration and border management
Amendment 1149 #
Proposal for a regulation
Article 7 – paragraph 1
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 1167 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency and fundamental rights compliance of the cooperation referred to under this Article, and report to the European Parliament and the Council. Relevant EU agencies and bodies shall report to the Commission for this annual evaluation, such as the European Border and Coast Guard Agency, the Fundamental Rights Agency, the European Court of Auditors and the EU Asylum Agency.
Amendment 1171 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
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 1177 #
Proposal for a regulation
Article 8 – paragraph 1
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 1225 #
Proposal for a regulation
Article 9 – paragraph 1
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 Member State in which that third-country national is legally present.
Amendment 1235 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
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 visaisa, either valid or which has expired, the application shall be made and registered in the Member State that issued the residence permit or visa.
Amendment 1237 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 1255 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Consequences of non-compliance for the applicant
Amendment 1261 #
Proposal for a regulation
Article 10 – paragraph 1
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 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 1277 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
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 as set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the competent authorities shall inform 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, and in particular:
Amendment 1286 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) of the objectives of this Regulation and of the consequences of making another application in a different Member State as well as not cooperating withe 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)mpetent authorities or not showing up at a notification from the competent authorities;
Amendment 1290 #
Proposal for a regulation
Article 11 – paragraph 1 – point b a (new)
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
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 1301 #
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
Amendment 1312 #
Proposal for a regulation
Article 11 – paragraph 1 – point f
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 1326 #
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the guarantees and rights he or she is entitled to, including those specified in Articles 13 and 15 of the present Regulation, in particular the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect, or the obligation for the Member States to safeguard the best interest of the child in any circumstances;
Amendment 1342 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
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.
Amendment 1370 #
Proposal for a regulation
Article 12 – paragraph 3
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 1380 #
Proposal for a regulation
Article 12 – paragraph 4
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 representativeguardian 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 may request to be interviewed and assisted by staff of the same sex.
Amendment 1388 #
Proposal for a regulation
Article 12 – paragraph 5
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 specialfic 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 the determination of the Member State responsible.
Amendment 1393 #
Proposal for a regulation
Article 12 – paragraph 6
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 1397 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The best interests of the child shall be athe primary consideration for Member States with respect to all procedures provided for in this Regulation.
Amendment 1412 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
Amendment 1419 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representativeguardian of an unaccompanied minor shall be involved in the process of establishing the Member State responsible under this Regulation. The representative from the start of the procedure. The guardian 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, and shall keep the minor informed on the progress in the procedures under this Regulation.
Amendment 1426 #
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
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 1432 #
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) the right to family life, including family reunification possibilities;
Amendment 1439 #
Proposal for a regulation
Article 13 – paragraph 4 – point b
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 1442 #
Proposal for a regulation
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) situations of vulnerability, including trauma, specific health needs and disability;
Amendment 1447 #
Proposal for a regulation
Article 13 – paragraph 4 – point c
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 1464 #
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1479 #
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
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, as soon as possible, immediately take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 1485 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
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 1668 #
Proposal for a regulation
Article 28 – paragraph 1
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 1795 #
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall contain information in a plain language on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
Amendment 1804 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.
Amendment 1940 #
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. The transferring Member State shall transmit to the Member State responsible any information that is essential in order to safeguard the rights and immediate specialfic needs of the person to be transferred, and in particular:
Amendment 1944 #
Proposal for a regulation
Article 37 – paragraph 2 – point c
Article 37 – paragraph 2 – point c
(c) in the case of minors, the best interests of the child assessment and information on their education;
Amendment 1958 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any specialfic needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those specialfic needs are adequately addressed, including in particular any essential medical care that may be required.
Amendment 2402 #
Proposal for a regulation
Article 55
Article 55
Amendment 2530 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply.
Amendment 2536 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency or any other Union office, body or agency.
Amendment 2553 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
Member States shall ensure that the authorities and their staff referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.