126 Amendments of Josef WEIDENHOLZER related to 2016/0224(COD)
Amendment 501 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(c a) 'registering' of an application for international protection means the recording of the personal details, in accordance with [Article 10(1) of the Eurodac Regulation] of an applicant for international protection, which formalises the application for international protection;
Amendment 503 #
Proposal for a regulation
Article 4 – paragraph 2 – point c b (new)
Article 4 – paragraph 2 – point c b (new)
(c b) 'lodging' of an application for international protection means the submission of elements available to the applicant which may help to substantiate the application for international protection in accordance with [Article 4(1) of the Qualification Regulation];
Amendment 504 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) 'final decision' means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation), including a decision rejecting the application as inadmissible or a decision rejecting an application as explicitly withdrawn or abandoned and which can no longer be subject to an appeal procedure in the Member State concerned;
Amendment 511 #
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) 'guardian' means a person or an organisation appointed by the comptent bodies to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation, and exercising legal capacity for the minor where necessary;
Amendment 518 #
Proposal for a regulation
Article 4 – paragraph 2 – point i
Article 4 – paragraph 2 – point i
(i) 'subsequent application' means a further application for international protection made in any Member State after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal;
Amendment 531 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Amendment 542 #
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. The determining authority of the Member State responsible may be assisted for the purpose of receiving, and registering and examinpplications for international protection by the authorities of another Member State which has been entrusted by the Member State responsible with the task of receiving or registering applications for international protection by:;
Amendment 549 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
Amendment 550 #
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
Amendment 552 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. The determining authority of the Member State responsible may be assisted for the purpose of receiving, registering and examining applications for international protection by experts deployed by the European Union Agency for Asylum, in accordance with Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 555 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, 4 and 4a have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this Regulation.
Amendment 577 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) lodging his or her application in accordance with Article 28 within the set time-limit and submitting all elements at his or her disposal neededthat might help to substantiate his or her application;
Amendment 579 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) hand overallowing the responsible authorities to examine and make copies of documents in his or her possession relevant to the examination of the application.
Amendment 587 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial imagein accordance with paragraph 2, and the responsible authorities have properly informed that person of his or her obligations and hasthe consequences of refusing to cooperate, and where the responsible authorites have ensured that that person has had an effective opportunity to comply with those obligations, his or her application shallmay be rejected as abandonedimplicitly withdrawn in accordance with the procedure referred to in Article 39.
Amendment 589 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The applicant shall inform the determining authority of the Member State in which he or she is required to be present of his or her place of residence or address or a telephone number or e-mail address where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.
Amendment 595 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The applicant shall comply with any obligations to report regularly to the competent authorities or to appear before them in person without delay or at a specified time or to remain in a designated area on its territory in accordance with Directive XXX/XXX/EU (Reception Conditions Directive), aswhere such an obligation has been imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 605 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
Amendment 610 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the right to legal assistance for the lodging of the individual application, including the possibility of free legal assistance in accordance with Article 15;
Amendment 611 #
(c) their rights and obligations during the procedure, including the obligation to remain in the territory of the Member State in which they are required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 616 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point e
Article 8 – paragraph 2 – subparagraph 1 – point e
(e) the time-frame of the procedureany time-limits which they are required to respect and the time-limits which the responsible authorities are required to respect;
Amendment 617 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point f
Article 8 – paragraph 2 – subparagraph 1 – point f
(f) the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Regulation (EU) No XXX/XXX (Qualification Regulation) including the right to free legal assistance and representation;
Amendment 623 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 633 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. The determining authority may also provide applicants with a cultural mediator to assist him or her during the procedure and, in particular, during the personal interview.
Amendment 636 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. TWithin 14 days of making the application , the determining authority shall provide applicants with the opportunity to communicate with United Nations High Commissioner for Refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law.
Amendment 642 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The determining authority shall give applicants notice win writhin a reasonable timeg within seven days of the decision taken on their application. Where a guardian, legal adviser or other counsellor is legally representing the applicant, the determining authority mayshall give notice of the decision to him or her instead ofas well as to the applicant.
Amendment 649 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Applicants shall have the right to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a decision in accordance with the administrative procedure provided for in Chapter III.
Amendment 652 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 660 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) a person makes a second or further subsequent application in accordance with Article 42 and in accordance with the conditions laid down in Article 43;
Amendment 664 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. A Member State may extradite or expel an applicant to a third country pursuant to paragraph 3(a) and (b) only where the determining authority is satisfied that an extradition or return decision will not result in direct or indirect refoulement in breach of the international and Union obligations of that Member State.
Amendment 669 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. BWhere a determining authority decides to carry out an admissibility test in accordance with Article 36, and before a decision is taken by theat determining authority on the admissibility of an application for international protection, the applicant shall be given the opportunity of an personal interview on the admissibility of his or her application.
Amendment 676 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In the substantive interview, the applicant shall be given an adequatesufficient opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and he or she shall provide all the elements at his or her disposal as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’'s statements.
Amendment 679 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 685 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The personal interviews shall be conducted under conditions which ensure appropriate confidentiality and whichMember States shall take appropriate steps to ensure that those conditions allow applicants to present the grounds for their applications in a comprehensive manner.
Amendment 687 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) or experts deployed by the European Union Agency for Asylum referred to in Article 5 (4)(b a).
Amendment 691 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. The persons who conduct personal interviews on admissibility on applications or on substantive applications shall not wear a military or law enforcement uniform during those interviews.
Amendment 694 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant, the determining authority may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) and experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b a), to conduct such interviews.
Amendment 697 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
The absence of a personal interview pursuant to point (b) shall not adversely affect the decision of the determining authority. That authority shall give the applicant an effective opportunity to submit further information. When in doubt as to the condition of the applicant, the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature. If, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit to be interviewed.
Amendment 701 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant’situation prevailing in the applicant's country of origin, the applicant's cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.
Amendment 710 #
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. TWithout prejudice to Article 10, paragraph 1, and Article 11, paragraph 1, and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the determining authority from taking a decision on an application for international protection.
Amendment 712 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The determining authority or any other authoritexperts deployed by the European Union Agency for expertsAsylum referred to in Article 5 (4 a) assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview.
Amendment 715 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of the fact of such a recording and the purpose of that recording. However, where the applicant is a minor, the child's best interests shall be a primary consideration in deciding whether the personal interview is audio- visually recorded.
Amendment 729 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording or the transcript for tenone years from the date of a final decision on the application, including on all levels of appeal. The recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 734 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their applications at all stages of the procedure.
Amendment 736 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. TAs soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure.
Amendment 741 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 750 #
Proposal for a regulation
Article 15 – paragraph 2 – point –a (new)
Article 15 – paragraph 2 – point –a (new)
(-a) assistance in preparing and lodging the application in accordance with Article 28;
Amendment 751 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) assistance in the preparation of the application and personal interview, including participation in the personal interview as necessary;
Amendment 759 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
Amendment 764 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point b
Article 15 – paragraph 5 – subparagraph 1 – point b
Amendment 767 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point c
Article 15 – paragraph 5 – subparagraph 1 – point c
(c) the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.
Amendment 769 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation. In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 774 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 – introductory part
Article 16 – paragraph 2 – subparagraph 1 – introductory part
The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. In those cases, the determining authority shall:
Amendment 781 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant, provided that the applicant has been informed of his or her right to legal assistance and representation – including free legal assistance and representation where appropriate – and has chosen not to exercise that right.
Amendment 794 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States may request total or partial reimbursement of any costs made if anincurred whenre the applicant’s financial situation considerably improves or where the decision to make such costs wasdecision to provide free legal assistance and representation taken on the basis of false information supplied by the applicant.
Amendment 805 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed. That assessment mayshall be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 812 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particulaor where the determining authority considers that the applicant is in need of special procedural guarantees as a result with particular attention to victims of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant .
Amendment 819 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.
Amendment 823 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees and the applicant's observations on the need to benefit from special procedural support.
Amendment 829 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
Amendment 831 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, or if the applicant expresses a reasoned request to have his or her special procedural needs reassessed, without having to restart the procedure for international protection.
Amendment 840 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 850 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, take measures to appoint a person or an organisation as a guardian.
Amendment 862 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise, and shall not have a verified record of child-related crimes or offencescriminal record, in particular as regards any child-related crimes or offences. The responsible authorities shall regularly review the criminal records of appointed guardians in order to identify potential incompatibilities with their role.
Amendment 867 #
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, and in any event no more than 20, which would render him or her unable to perform his or her tasks effectively.
Amendment 873 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, about how to prepare himself or herself for the personal interview. The guardian and, where applicable, a legal adviser or other counsellor admitted or permitted as such under national law, shall be present at that interview and have an opportunity to ask questions or make comments, within the framework set by the person who conducts the interview. The determining authority may require the presence of the unaccompanied minor at the personal interview, even if the guardian is present.
Amendment 884 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 893 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be usedWhere there are doubts as to dwhethermine the age of or not an unaccompanied minors within the framework of the examination of an application where, is under the age of 18, following statements by the applicant, available documentary evidence or other relevant indications including, Member States may order a psychosocial assessment, there are doubts a by qualified professionals to whdether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a mimine the age of applicant within the framework of the examination of an application. The age assessment shall not be based solely on the applicant's physical appearance or demeanour.
Amendment 894 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application. Where, taking into account the margin of error of the method employed - the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 905 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, including the right to appeal the decision on the medical examination, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination. All documents concerning the medical examination shall be added to the applicant’s file.
Amendment 913 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttablnot lead to the presumption that the applicant is not a minor and it. A refusal to carry out the medical examination shall not prevent the determining authority from taking a decision on the application for international protection, however a decision to reject an application for international protection by an unaccompanied minor who refused to undergo a medical examination shall not be based solely on that refusal.
Amendment 942 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for tenone years from the date of a final decision on the application for international protection, including on all levels of appeal. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 949 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant shall lodge the application within ten15 working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.
Amendment 953 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time-limit established in paragraph 1. In accordance with Article 14(1), the applicant shall have the right to legal assistance and representation to prepare the lodging of his or her application and shall be informed of that right, including the right to free legal assistance and representation where appropriate. Where free legal assistance is requested, the time limit for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor.
Amendment 959 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
When lodging an application, applicants are required to submit all the elements referred to in Article 4(12) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
Amendment 961 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 2
Article 28 – paragraph 4 – subparagraph 2
The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.
Amendment 963 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The applications for international protection shall be lodged in person and at a designated place. For that purpose, when the application is registered, the applicant shall be given an appointment with the authorities competent for the lodging of the application. The date of such appointment shall be set not earlier than ten working days from the date when the application is registered, unless the consent of the applicant is provided after receiving appropriate information on the obligation to lodge the application and the right to legal assistance and representation.
Amendment 966 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The responsible authorities shall store the data referred to in paragraph 4 for tenone years from the date of a final decision on the application for international protection, including on all levels of appeal. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 981 #
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) stating whetherfrom what date the applicant has permission to take up gainful employment.
Amendment 986 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 2 shall be valid for a period of six months whichand shall be renewed accordingly toutomatically where no final decision has yet been reached on the application for international protection, ensureing that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
Amendment 992 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission mayshall specify the form and content of the documents to be given to the applicants at registration and lodging by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.
Amendment 993 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. WThe re there are indicationsponsible authorities tshatll inform third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:
Amendment 1014 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Member States may impose limits to such access where, by virtue of national law, they are necessary for the security, or public order or administrative management of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible.
Amendment 1030 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The spouse or partner referred to in paragraph 1 shall be informed in private by the determining authority of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunityentitled to lodge an application in his or her own name.
Amendment 1036 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten15 working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten15 working-day period starting from the expiry of the first ten15 working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.
Amendment 1044 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten15 working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.
Amendment 1055 #
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minorresponsible authorities shall be clearly informed of the possibility and the accompanied minor of the procedure for lodging an application in his or her own name at the time of the making of his or her application.
Amendment 1059 #
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten15 working days provided for in Article 28(1), the minor shall be informed of the possibility torocedure for lodgeing his or her application in his or her own name and given an opportunity to do so within a further ten15 working-day period starting from the expiry of the first ten15 working- day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.
Amendment 1062 #
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 1073 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf. TWithout prejudice to the unaccompanied minors right to legal assistance and representation in accordance with Article 14 and 15, the guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged.
Amendment 1075 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In the case of an unaccompanied minor, the ten15 working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten15 working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.
Amendment 1082 #
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:
Amendment 1090 #
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
(e) whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whetherbeing granted international protection. This shall exclude any circumstances independent of those activities would expose the applicant to persecution or serious harm if returned topplicant's will, including but not limited to his or her sexual orientation and religious beliefs, which the applicant may have concealed to various degrees while in thate country; of origin.
Amendment 1091 #
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
Amendment 1095 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Where, at any time before a final decision has been taken on application for international protection, the applicant is granted an EU Blue Card in accordance with Directive xxx/xxx (on the conditions of entry and residence of third country nationals for the purpose of highly skilled employment), that application shall be postponed. That postponement shall last until the EU Blue Card - and any renewal of the EU Blue Card - has expired and the applicant has returned to the Member State responsible for the application of international protection. All the relevant time-limits, in respect of that application for international protection, as laid down in this Regulation shall be postponed accordingly. Those time-limits shall start to run again only once the applicant has returned to the Member State responsible for the application for international protection. An applicant for international protection who is granted an EU Blue Card may explicitly withdraw his or her application for international protection at any time during the validity of the EU Blue Card in accordance with Article 38.The determining authority shall not consider an application for international protection to be implicitly withdrawn in accordance with Article 39 on the ground that the applicant has become an EU Blue Card holder.
Amendment 1096 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law. and shall have completed the necessary training in accordance with Article 7 (3) Regulation (EU) XXX/XXX (EU Asylum Agency Regulation).They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious, mental health, and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 1103 #
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
(b) the applicant has specialfic reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees in accordance with Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.
Amendment 1111 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Amendment 1112 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 1116 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than six months from the lodging of the application, without prejudice to an adequate and complete examination.
Amendment 1123 #
Proposal for a regulation
Article 34 – paragraph 5 – subparagraph 1
Article 34 – paragraph 5 – subparagraph 1
Amendment 1127 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delayand his or her legal adviser or other counsellor without undue delay and in any case no later than seven days after the decision has been taken in a language he or she understands or is reasonably meant to understand.
Amendment 1135 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection shall be given in writing, unless otherwise already provided to the applicant- including on the relevant time-limits, shall be given in writing.
Amendment 1139 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application iss are all based on the exact same grounds, the determining authority may take a single decision, covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender, sexual orientation, gender identity or age-based persecution. In such cases, a separate decision shall be issued to the person concerned.
Amendment 1147 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The determining authority shallmay assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and shallmay reject an application as inadmissible where any of the following grounds applies:
Amendment 1154 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) a spouse or partner or accompanied minor lodges an application after he or she had consented, in accordance with Article 31, to have an application lodged on his or her behalf, and there are no facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1161 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 1164 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 1173 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The determining authority shallmay declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40(1)(a), (b), (c), (d) and (ed).
Amendment 1178 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The determining authority shall reject an application as abandonedimplicitly withdrawn where:
Amendment 1189 #
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) the applicant refuses to cooperate by not providing the necessary details for the application to be examined and by not providing his or in accordance with points (a) and (b) of ther fingerprints and facial image pursuant torst paragraph of Article 27(3);
Amendment 1194 #
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
Amendment 1195 #
Proposal for a regulation
Article 39 – paragraph 1 – point f
Article 39 – paragraph 1 – point f
Amendment 1203 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandonedimplicitly withdrawn unless the applicant reports to the determining authority within a period of one month from the date when the written notice is sent.
Amendment 1219 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. Where an application is implicitly withdrawn, the determining authority shallmay take a decision to reject the application as abandonedimplicitly withdrawn or as unfounded where the determining authority has, at the stage that the application is implicitly withdrawn, already found that the applicant does not qualify for international protection pursuant to Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 1249 #
Proposal for a regulation
Article 40 – paragraph 1 – point g
Article 40 – paragraph 1 – point g
Amendment 1254 #
Proposal for a regulation
Article 40 – paragraph 1 – point h
Article 40 – paragraph 1 – point h
Amendment 1260 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application. By way of exception, in the cases set out in paragraph (1)(d), the determining authority shall conclude the accelerated examination procedure within eight working days.
Amendment 1292 #
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The border procedure may not applied to unaccompanied minors.
Amendment 1294 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 1318 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. After a previous application hads been rejected by means of a final decision, any further application made by the same applicant in any Member State shall be considered to be a subsequent application by the Member State responsible.
Amendment 1321 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant which significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation) or which relate to the reasons for which the previous application was rejected as inadmissible.
Amendment 1325 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. The preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in Chapter II. The personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success.
Amendment 1336 #
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
Without prejudice to the principle of non- refoulement, Member States may provide an exception from the right to remain on their territory and derogate from Article 54(1), where a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible:
Amendment 1516 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2 a. In the case of applicants who claim to be unaccompanied minors, a decision taken determining their age referred to in Article 24.
Amendment 1518 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 2
Article 53 – paragraph 3 – subparagraph 2
Amendment 1543 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 3
Article 53 – paragraph 6 – subparagraph 3
The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introducedbeneficiary. Following the notification to the applicant or beneficiary, and where the applicant or beneficiary has made a request for free legal assistance and representation in accordance with Article 14(1) and/or Article 15(1), the time-limits shall start to run from the date on which the legal advisor or counsellor is appointed.