294 Amendments of Charlie WEIMERS related to 2020/0279(COD)
Amendment 178 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absencpermit flexible use of internal border controls for persons and frame a common policy onassist Member States asylum, im and migration and management ofat the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationalsnational responsibility and a joint interest to preserve the European Way of Life, which is under threat.
Amendment 185 #
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 mannersecuring the external border and abolishing pull-factors that incentivise migrants from third countries to come to Member States, recognising that the effectiveness of such an approach depends on clear and concise communication to the rest of the world that those that illegally enter the EU will automatically relinquish their right to asylum.
Amendment 189 #
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union andenabling unilateral as well as joint actions of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection. Member States should therefore take all necessary measures, inter alia, to provide for internal security of its citizens by restricting conditions for reception of those seeking a better life in Europe, to return illegally staying third-country nationals quicker and at a higher rate, to prevent irregularllegal migration and unauthorised movements between themMember States, and to provide support to other Member States in the form of svolidarity contributions, as their contribution to the comprehensive approachuntary contributions.
Amendment 205 #
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 faiat illegal entry is not possible or treatment of third-country nationalwarded, that pull-factors aresiding legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling minimized, and the prevention of illegal migration and migrant smuggling including by conducting communication campaigns in countries of origin and transit countries to stem migration flows in advance.
Amendment 209 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 215 #
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the challenge of irregularllegal arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregularllegal migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protection.
Amendment 220 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 234 #
Proposal for a regulation
Recital 8
Recital 8
(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Managementitigation Strategy on the implementationcomplementing actions by Member States in the field of asylum and migration managementitigation policies. The Strategy should be based on relevant reports and analyses produced by Union agencindependent bodies and on the national strategies of the Member States.
Amendment 240 #
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 svolidarity and fair sharing of responsibility ofuntary contributions compatible with this Regulation and legal obligations stemming therefrom at national level.
Amendment 251 #
Proposal for a regulation
Recital 11
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Managementitigation Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.
Amendment 253 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 275 #
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 of Member States 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. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, th and eliminate incentives for economic or lifestyle migration to the European Union by way of implementing the Danish model of processing requests for and facilitating international protection in third country partner state pressure on the asylum system would decrease, facilitating the application of the rules on determinception centres. By increasing the efficiency of returns and not granting requests for international protection withing the Member State responsible for examiningterritory of Member States, the pressure on those applications as well as contributing tosylum system would decrease, and effective access to international protection for those in need would be more widely available.
Amendment 284 #
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, including 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. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of ththe establishment of reception centres in third country partner states where the request for international protection and its facilitation would take place Cwouncil38 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. 1ld massively decrease incentives for economic and lifestyle migration to the Member States of the European Union.
Amendment 296 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Statethat incentives for economic and lifestyle migration to the Member States of the European Union are decreased and an effective return policy is implemented, a voluntary contribution mechanism should be established which respects national political priorities and ensures that Member States retain their remaining control of migration and asylum policy.
Amendment 309 #
Proposal for a regulation
Recital 17
Recital 17
(17) Given the need to ensure the smooth functioning of the svolidarityuntary contribution mechanism established in this Regulation, a SVolidarityuntary Contribution Forum comprising the representatives of all Member States should be established and convened by the Commission following unanimous approval by the Council.
Amendment 314 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 331 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Managementitigation Report should set out the short-term projections of disembarkations anticipated for such operations and the svolidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimensionuntary contribution that would alleviate migratory pressure on Member States while respecting national political priorities.
Amendment 337 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 346 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 359 #
Proposal for a regulation
Recital 22
Recital 22
(22) The overallvoluntary contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidaritshould take into account indications by Member States under migratory presponse the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorshipsure of the types of means by which they require assistance with returns or relocation to third country partner state reception centres.
Amendment 362 #
Proposal for a regulation
Recital 22
Recital 22
(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measuMember States contributions ares in the field of capacity or the external dimensufficient the Commission wshould lead to a shortfall of greater than 30% of the total number of relocations identified in the Migrbe empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identifid the share of this number for each Member State calculated according to thea distribution key either by way or relocabased on the population and the inverse of the proportion, or when so indicated, through return sponsorshipf the population born in a third country of each Member State.
Amendment 366 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 379 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 397 #
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregularllegal border crossings, return decisions issued and enforced, and relations with relevant third countries. The svolidarity responseuntary contribution 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 398 #
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregularllegal 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 407 #
Proposal for a regulation
Recital 26
Recital 26
(26) Only pPersons who are more likely to have a right to stay in the Union should be relocated. Therefore, the scope of relocation of applicants for international protection should be limited to those who are not subject to the border procedure set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation]claim a right to international protection in the Union should be relocated to third country partner reception centres for processing of their application and facilitation of international protection if such status is granted.
Amendment 413 #
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 underReturn sponsorship and relocation to third country partner state reception centres should form an integral part of any asylum and migration system which takes into account that future migratory pressure ion 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 activitiEurope will reach unprecedented levels as the population in Sub-Saharan Africa is projected to grow 10-fold between 1960 and 2050.39a UNICEF estimates thave 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 may recognise the return decision issued by the benefitting Member St by the end of this century the continent's population will increase from 1.2 billion today to more than 4 billion by 2100.40a Any sustainable asylum and migration system must tatke in application of Council Directive 2001/4039 . Return sponsorship should form part of 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 coopto account that an estimated 1.4 billion would like to migrate if given the chance,41a 35 - 40% of whom would prefer to make Europe their home.42a _________________ 39a https://blogs.worldbank.org/opendata/wor lds-population-will-continue-grow-and- will-reach-nearly-10-billion-2050 40a https://data.unicef.org/resources/generati on 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. -2030-africa-2-0/ 41ahttps://archive- yaleglobal.yale.edu/content/prepare-21st- century-exodus-migrants 42a https://www.afd.fr/en/ressources/global- migration-20th-and-21st-centuries- unstoppable-force-demography
Amendment 429 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should notify the type of svolidarituntary contributions that they will take through the completion of a svolidarity responseuntary contribution plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measurexpected to make voluntary contributions to other Member States.
Amendment 431 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous yeardecades, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of then exemption from solidarity contributions to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.
Amendment 444 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where the Migration Managementitigation Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation addition to or in place of relocation to third country partner state reception centres or return sponsorship.
Amendment 449 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 459 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 464 #
Proposal for a regulation
Recital 31
Recital 31
(31) A distribution key based on the size of the population and of the economthe inverse of the proportion of the population born in a third country of the Member States should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State.
Amendment 467 #
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should be able to and encouraged to take, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure.
Amendment 473 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 483 #
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that aA clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. _________________ 40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999is already established by Regulation (EU) No 604/2013, and the European Union and Member States should at all times, especially during times of crisis, respect the rule of law.
Amendment 494 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlyingestablished by Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
Amendment 500 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 501 #
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation should apply to applicants for subsidiary protection and persons eligiblee principles of relocation to third country partner state reception centres for processing and facilitation of international protection should apply to applicants for subsidiary protection in order to ensure equal treatment for all applicants and beneficiaries of international protection, and consistency with the current Union asylum acquis, in particular with Regulation (EU) XXX/XXX [Qualification Regulation].
Amendment 507 #
Proposal for a regulation
Recital 37
Recital 37
(37) Persons granted immediate protection after relocation to a third country partner state reception centre pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration] should continue to be considered as applicants for international protection, in view of their pending (suspended) application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]. As such, they should fall under the scope of this Regulation and be considered as applicants for the purpose of applying the criteria and mechanisms for determining the Member State responsible for examining their applications for international protection or the procedure for relocation as set out in this Regulation, unless otherwise specified in national law of the Member State arranging the relocation or agreements between that state and a third country specifying the arrangement enabling operation of reception centres in the partner state.
Amendment 508 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 518 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 528 #
Proposal for a regulation
Recital 41
Recital 41
Amendment 531 #
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of theThe best interests of the citizens of the Member States, including children, should be a primary consideration of Member States when applying this Regulation. In assessing their best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerabilityeffect on social cohesion of large scale migration.
Amendment 545 #
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for familymaintaining the European way of life should be a primary consideration of Member States when applying this Regulation.
Amendment 557 #
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 in a third country partner state relocation centre 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 during the process and in case international protection is granted and provided for by way of agreement with a third country partner state.
Amendment 562 #
Proposal for a regulation
Recital 47
Recital 47
Amendment 570 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 572 #
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, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Memb third country partner Sstate reception centre, the transferring Member State should make sure that that Membthe third country partner Sstate 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 representatives tasked with safeguarding respect for all the rights to which they are entitled. 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.
Amendment 583 #
Proposal for a regulation
Recital 49
Recital 49
(49) The rules on evidence should not allow for a swifter family reunification than until now. It is therefore necessary to clarify thand should necessitate 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 protectionas well as biometric testing.
Amendment 588 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 602 #
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularllegally entered its territory, it is also necessary to include the situation when the person enters the territory following a search and rescue operation. A derogation from this responsibility criterion should be laid down for theIn a situation where a Member State has relocated persons having crossed the external border of another Member State irregularllegally or following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protection.
Amendment 606 #
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.
Amendment 609 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionimmediate procedural consequences for the applicant and to appropriate and proportionate consequences inalso encompassing the terms of his or her reception conditions. In line with the Charterorder to reduce the prevalence of Fundamental Rights of the European Union, the Member State where such an applicant is present should inauthorized movements and absconding. The Member States and the European Union should legislate anyd case ensure that the immediate material needs of that person are coveredommunicate clearly that such violations lead to an immediate and irrevocable personal lifetime prohibition on applying for international protection in all Member States of the European Union.
Amendment 625 #
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularillegally without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEAS.
Amendment 651 #
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
Amendment 658 #
(60) Deficiencies in, or the collapse of, asylum systems, often aggravated or contributed to by particular pressures on themexisting legal frameworks from a bygone era, causing additional pressures, can jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a risk of a violation of the rights of applicants as set out in the Union asylum acquis and the Charter of Fundamental Rights of the European Union, other international human rights and refugee rights.
Amendment 665 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure a clear and efficient relocation procedure, specific rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation to third country partner state reception centres except where they are not relevant for such a procedure.
Amendment 670 #
(63) To support Member States who undertake relocation as a solidarity measuto third country partner state reception centres, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors to third country partner state reception centres a higher incentive contribution should be provided.
Amendment 681 #
Proposal for a regulation
Recital 64
Recital 64
(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral or multilateral arrangements between Member States, for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of take charge requests or take back notifications, or establishing procedures for the performance of transfersthe European Union, and third country partner states establishing the ways in which reception centres are operated, funded and governed in the third country partner state.
Amendment 684 #
Proposal for a regulation
Recital 65
Recital 65
(65) CThe continuity betweenof the system for determining the Member State responsible established by Regulation (EU) No 604/2013 and the system established by this Regulation should be ensured. Similarly, consistency should be ensured between this Regulation and Regulation (EU) XXX/XXX [Eurodac Regulation]should be ensured.
Amendment 687 #
Proposal for a regulation
Recital 66
Recital 66
(66) A network of cCompetent Member State authorities should be set up and facilita, assisted by the European Union Agency for Asylum tofacilitate enhanced practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance, guidance and best practices, especially with regard to the establishment of agreements between Member States and third country partner states willing to host reception centres on their territory.
Amendment 692 #
Proposal for a regulation
Recital 69
Recital 69
Amendment 701 #
Proposal for a regulation
Recital 72
Recital 72
(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers to a third country partner state reception centre; of a standard form for the exchange of data before a transfer to a third country partner state reception centre; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer to a third country partner state reception centre, and of secure electronic transmission channels for the transmission of requests.
Amendment 711 #
Proposal for a regulation
Recital 73
Recital 73
(73) TFollowing a unanimous decision by the Council, the Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.
Amendment 714 #
Proposal for a regulation
Recital 74
Recital 74
Amendment 718 #
(75) A number ofNo substantive changes are to be made to Regulation (EU) No 604/2013. In the interests of clarity, that Regulation should not be repealed.
Amendment 719 #
Proposal for a regulation
Recital 77
Recital 77
(77) This Regulation respects the fundamental rights and observes the principles which are acknowledged, in particular, in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charter as well as the rights recognised under Articles 1, 4, 7, 24 and 47 thereofprinciples underpinning the European way of life. This Regulation should therefore be applied accordingly.
Amendment 723 #
Proposal for a regulation
Recital 78
Recital 78
Amendment 728 #
Proposal for a regulation
Recital 79
Recital 79
(79) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that Parts III, V and VII of this Regulation constitute amendments within the meaning of Article 3 of the Agreement concluded between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention49 , Denmark has to notify the Commission of its decision whether or not to implement the content of such amendments at the time of the adoption of the amendments or within 30 days hereafter. The same shall apply to any other Member State with a derogation from Title V of Part Three of the Treaty on the Functioning of the European Union. _________________ 49 OJ L 66, 8.3.2006, p. 38
Amendment 729 #
Proposal for a regulation
Recital 80 – introductory part
Recital 80 – introductory part
(80) [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified their wish to take part in the adoption and application of this Regulation], but should nonetheless retain its right to not take part in the adoption by the Council of proposed measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union and the ability to adjust or rescind participation in the future.
Amendment 730 #
Proposal for a regulation
Recital 82
Recital 82
Amendment 731 #
Proposal for a regulation
Recital 83
Recital 83
Amendment 732 #
Amendment 736 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
In accordance with the principle of svolidarity and fair sharing of responsibilityuntary cooperation between Member States, and with the objective of reinforcing mutual trust and enhancing security of citizens, this Regulation:
Amendment 740 #
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 themitigation among the Member States of the European Union;
Amendment 744 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a mechanismmethods for svolidarityuntary cooperation between Member States and third country partner states;
Amendment 748 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 760 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'third country reception centres’ means centres located outside of the European Union, operated by third country partners and financially and logistically supported by Member States or the European Union with the purpose of distinguishing between illegal migrants who will be returned and those genuinely in need of international protection for whom international protection would be provided in third country partner states.
Amendment 762 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulatcome to the European Union directly from a country or territory where their life or freedom was threatened within the meaning of Article 1of the 1951 Convention Relating to the Status of Refugees (1951 Convention), and who has presented themselves without delay to Member State authorities, with an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy. Applicants are not to be taken to have presented themselves without delay to the authorities unless — (i) in the case of a person who became a refugee while they were outside the European Union, they made a claim for asylum as soon as reasonably practicable after their arrival in a Member State of the European Union; (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeuii) in the case of a person who became a refugee while they were in a Member State of the European Union — (1) if their presence in the Member State was lawful at that time, they made a claim for asylum before the time when their presence in the Member State became unlawful; (2) if their presence in the Member State was unlawful at that time, they made a claim for asylum as soon as reasonably practicable after they became aware inof the field of asylum and migrair need for international protection under the Refugee Convention];.
Amendment 771 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation], excluding procedures for determining the Member State responsible in accordance with this Regula or national laws of Member States that have agreements with third country partner nations in place for the processing of applications and hosting those granted international protection;
Amendment 775 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation]in a third country or a Member State;
Amendment 777 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 783 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
Amendment 788 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
Amendment 793 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
Amendment 799 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
Amendment 808 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
Amendment 813 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 816 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 822 #
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
Amendment 829 #
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
Amendment 854 #
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘benefitting Member State’ means the Member State benefitting from the svolidarityuntary cooperation measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in Chapters I- III of Part IV of this Regulation;
Amendment 856 #
Proposal for a regulation
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
Amendment 865 #
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless person from the territory of a benefitting Member State to the territory ofto reception centres located in third country partner states, where their application for international protection will be assessed and where it will be realised in a ccontributing Member Staterdance with agreements between Member States and third country partner states;
Amendment 872 #
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
Amendment 877 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
Amendment 889 #
Proposal for a regulation
Article 2 – paragraph 1 – point x
Article 2 – paragraph 1 – point x
(x) ‘resettled or admitted person’ means a person who has been accepted by a Member State for admission pursuant to Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or under a national resettlement scheme outside the framework of that Regula third country partner state for processing of claims of need for international protection;
Amendment 890 #
Proposal for a regulation
Article 2 – paragraph 1 – point y
Article 2 – paragraph 1 – point y
Amendment 911 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Amendment 920 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways forsetting up third- country nationals in need of international protection and for those otherwise admitted to reside legally in the Member Statesreception centres to process asylum requests and host those granted international protection and addressing the root causes of irregularllegal migration, supporting non-aggressive partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregularllegal migration and, migrant smuggling, human trafficking and enhancing cooperation on readmissionturns;
Amendment 925 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) close voluntary cooperation and mutual partnership among Member States, assisted and supported by Union institutions and bodies, Member States andand other international organisations;
Amendment 928 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 934 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregular migrateasures to prevent illegal migration and illegal entry into the territories of Member States including by way of physically sealing the border, refusing asylum to those that enter illegally, Member States joint naval missions in the Mediterranean, aimed at deterring, preventing and stopping illegal departures and arrivals from third countries as well as to provide for immediate escort to ports of origin for any vessel enabling illegal entry of migrants into a Member State of the European Union;
Amendment 949 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective managementprotection of the Union’s external borders, based on the European integrated border managementincluding by erecting physical barriers where needed;
Amendment 952 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) full respect of the obligations laid down in international and Europeanfor the national laws of EU Member States in the interpretation of any obligations relating to or stemming from this regulation or European or international law concerning persons rescued at sea;
Amendment 955 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) access to procedures for granting and withdrawing international protection on Union territory of Member States or third country partner states and recognition of third- country nationals or stateless persons as refugees or beneficiaries of subsidiary protection, unless the individual has entered the territory of a Member State illegally or through a safe country;
Amendment 963 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an appor if Member States or the Union have conducted agreements to this end, the third country partner state responsible for the processing and facilictation ofor international protection, based on shared responsibility and rules and mechanisms for solidarity for those granted such status;
Amendment 968 #
Proposal for a regulation
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) effective and wide-reaching communication campaigns targeting diaspora communities in the European Union representing the highest proportions of illegal arrivals and strategic communication campaigns targeting potential illegal migrants in source and transit countries with messages deterring potential migrants from considering illegal means of arrival to the Member States of the European Union;
Amendment 971 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) acenable Member States to relocate the entire process ofor applicants to adequate reception conditiontion for international protection and the facilitation of such protection to third country partner states by way of bilateral or multilateral agreements;
Amendment 979 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) effective management of theeasures to assist Member States in their efforts to return of illegally staying third-country nationals;
Amendment 983 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member States or third country partner states;
Amendment 988 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) measures aimed at reducing and tackleliminating the enabling factors of irregularllegal migration to and illegal stay in the Union, including illegal employmentMember States of the European Union, including smuggling facilitators and illegal employment as well as wide-reaching anti-people smuggling campaigns informing migrants that no- one who enters the EU illegally will ever make the EU their home as all asylum applications from those having entered illegally will automatically be rejected;
Amendment 997 #
Proposal for a regulation
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(na) Full implementation of agreements under which every state receiving any funds from the European Union must agree in advance of receipt of any funds to accept returning migrants from the Member States of the European Union and any partner states with which Member States have concluded agreements to facilitate such returns.
Amendment 1005 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Union and Member States shall ensure coherence ofshall do its utmost to always respect Member States competences with regard to asylum and migration management policies, including both the internal and external components of thosesuch policies.
Amendment 1012 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Union and Member StatesMember States and the Union acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.
Amendment 1021 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Principle of svolidarity and fair sharing of responsibilityuntary cooperation
Amendment 1024 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their voluntary obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into accassist by voluntary means, each other in carrying ount the shared interest in the effective functioning of the Union’sasks including some aspects of asylum and migration managementitigation policies. Member States shall:
Amendment 1031 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in needeither in Member States or third country partner states, facilitate protection in third country reception centres for those who are genuinely in need of international protection and ensure the return of those who are illegally staying;
Amendment 1051 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce andto prevent irregularllegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking;
Amendment 1059 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 1065 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide support to other Member Stcooperates in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IVrelocation of applicants for international protection to third country reception centres as well as in the return of illegally staying third country nationals;
Amendment 1075 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) take all reasonable and proportionatenecessary measures to prevent and correct unauthorised movements between Member States.
Amendment 1076 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) ensure that any applicant for international protection shall have their application automatically rejected if they have not come to the European Union directly from a country where their life or freedom was threatened or if in coming from that country, they stopped in another country outside the European Union and they can show that they could not reasonably be expected to have sought protection under the Refugee Convention in that country.
Amendment 1082 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Flexibility with regard to Member States who have agreements in place to relocate the processing of requests for and facilitation of international protection to a third country partner state 1. A third country national claiming need for international protection, that is not registered as an applicant for asylum, shall be transferred to a third country reception centre for processing of his asylum request and possible continued protection in accordance with agreement or praxis established by a Member State and a hosting third country partner state. 2. The Council shall approve by unanimity detailed regulations covering any exemptions of third country nationals from such rules. 3. The cost of transferring the third country national to the partner country shall be borne by the Member State in which the individual currently is located.
Amendment 1088 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a long-term European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Partitigation Strategy on the implementation of Member State cooperation in the field of asylum and migration setting out the ways in which the Union can assist Member States in managing asylum and migration. The Commission shall transmit the Strategy to the European Parliament and the Council as well as to the Nordic Council.
Amendment 1096 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the national strategies of the Member States referred to paragraph 3 of this Article and any efforts endorsed by national parliaments to address migration pressures such as a zero-vision or net- minus for migration;
Amendment 1105 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Member States or Union agencies;
Amendment 1120 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall haveare free to establish national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration managementitigation system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shallare encouraged to include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefromfrom legislation at national level. They shallare encouraged to take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation], shouldcan also be taken into account in these strategies. _________________ 56Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
Amendment 1125 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Managementitigation Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriatactions planned by the Union and the Member States to meet the challenge of increased migratory pressure.
Amendment 1133 #
5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latin a timely fashion taking into account national political prioritiest. The first European Asylum and Migration Managementitigation Strategy shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Migration Managementitigation Report shall be issued by [one year after the entry into force of this Regulation] at the latest.
Amendment 1142 #
Proposal for a regulation
Article 7 – title
Article 7 – title
7 Cooperation with third countries to facilitate return and readmissionon migration mitigation, the establishment of reception centres and the facilitation of returns
Amendment 1148 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where tThe Commission, on and the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third- country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 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. 1Member States shall promote mutually beneficial partnerships and close cooperation with relevant third countries on migration management and the establishment of reception centres.
Amendment 1159 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where tThe Commission considers it appropriate, it shall also identify in its report measures designed to promote cooperation amand Member States shall ensure the integration of migration mitigation policies in all relevant Union policies, including the application of visa policy, as well as, conditionality of development aid to promote readmissiong, the Member States to facilitate the return of illegal staying third- country nestablishment of reception centres for processing and facilitation of granted requests for international protection and return cooperationals.
Amendment 1162 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 1170 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall keep national parliaments and the European Parliament regularly informed of the implementation of this Article.
Amendment 1174 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shallare not obliged to examine any applications for international protection by afrom third-country nationals or a stateless persons who applies onhave entered 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, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsibleMember States illegally or through a safe country.
Amendment 1183 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, tThe first Member State in which the application for international protection was registered shall be responsible for examining it.
Amendment 1190 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1205 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.
Amendment 1210 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.
Amendment 1220 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Each Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Regulation (EU) XXX/XXX [Asylum Procedure Regulation]including for the purposes of processing the application for international protection at a third country reception centre and facilitating, for those granted, international protection in the third country partner state.
Amendment 1228 #
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 application shall be automatically rejected.
Amendment 1233 #
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 visa, the application shall be made and registered in the Member State that issued the residence permit or visa or in a third country partner state.
Amendment 1269 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Member States are strongly encouraged to, within the scope of national legislation; (i) criminalise illegal entry, including entry into the European Union in breach of a deportation order by a Member State, and penalise asylum seekers who arrive in Member States of the European Union without entry clearance with imposition of fines and/or imprisonment. (ii) institute harsh penalties, including imprisonment for life when justified and proportionate, for human traffickers enabling asylum seekers to enter the territory of Member States by illicit means.
Amendment 1303 #
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) of the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas as well as all and any information about how they made it to the European Union from their country of origin and whether they passed through any safe countries on the way;
Amendment 1316 #
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
Amendment 1333 #
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1372 #
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 take charge request is made pursuant to Article 29.
Amendment 1377 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 1386 #
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 special procedural guarantees pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsibleswift processing of applications for international protection in Member States or reception centres in third country partner states.
Amendment 1468 #
5. Before transferring an unaccompanied minor to the Memba third country partner Sstate resfor processing and ponssible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decisionfacilitation of international protection, the Member State shall make sure that the individual poses no risk to citizens of the Member State until he or she has been transferred to a third country reception centre. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minorcitizens are taken into consideration.
Amendment 1519 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s entry to Member State territory or where their application for international protection was first registered, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1522 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 1531 #
Proposal for a regulation
Article 16
Article 16
Amendment 1540 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 1543 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 1571 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularllegally crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examinrejecting the application for international protection. That responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took place and returning the applicant.
Amendment 1576 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1608 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 1623 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based.
Amendment 1634 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
Amendment 1636 #
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) reject all requests for international protection made by applicants who have entered a Member State of the European Union by illegal means, or who have passed through a safe country on the way to the Member State.
Amendment 1637 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
Amendment 1645 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1648 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1652 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) take back, under the conditions laid down in Articles 31 and 35 of this Regulation, a resettled or admitted person who has made an application for international protection or who is irregularllegally staying in a Member State other than the Member State which accepted to admit him or her in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or which granted international protection or humanitarian status under a national resettlement scheme.
Amendment 1655 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1665 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
Amendment 1821 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 1830 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 1837 #
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge wherebut the person concerned cannot affordmust bear the costs involved. Member States mayshall provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1841 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1854 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall notcan if they deem necessary for security or other reasons hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation.
Amendment 1868 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1873 #
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried outThe length and conditions for detention shall be determined by national legislation.
Amendment 1877 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notification shall not exceed two weekmonths from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one weekmonth from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1901 #
Proposal for a regulation
Article 35
Article 35
Amendment 1933 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. In accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], a contribution of 10 000 EUR shall be paid to the Member State carrying out the transfer for the transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35. to a third country partner state for processing and potential facilitation of international protection.
Amendment 1936 #
Proposal for a regulation
Article 37 – title
Article 37 – title
Exchange of relevant information before a transfer to a third country partner state is carried out
Amendment 1951 #
Proposal for a regulation
Article 38 – title
Article 38 – title
Exchange of security-relevant information before a transfer to a third country partner state is carried out
Amendment 1955 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Exchange of health data before a transfer to a third country partner state is carried out
Amendment 1992 #
Proposal for a regulation
Article 42 – paragraph 1 – point c
Article 42 – paragraph 1 – point c
(c) svolidarituntary contributions made pursuant to Chapters I-III of Part IV.
Amendment 2002 #
Proposal for a regulation
Part IV – title
Part IV – title
IV SVOLIDARITYUNTARY CONTRIBUTIONS
Amendment 2004 #
Proposal for a regulation
Part IV – Chapter I – title
Part IV – Chapter I – title
I SVOLIDARITY MECHANISMUNTARY CONTRIBUTIONS
Amendment 2008 #
Proposal for a regulation
Article 45 – title
Article 45 – title
Amendment 2011 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. SVolidarituntary contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shallfailed missions to return search and rescue vessels to the port of origin of the migrants on board can consist of the following types:
Amendment 2025 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]to third country partner state reception centres;
Amendment 2040 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1)to third country partner state reception centres;
Amendment 2051 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) capacity-building measures in the field of asylumborder protection, reception and return, operational support and measures aimed at responding tomitigating migratory tprends affecting the benefitting Member Statessures through cooperation with third countries.
Amendment 2071 #
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. Such voluntary contributions may, pursuant to Article 56, also consist of:
Amendment 2074 #
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
(a) relocation of applicants for international protection subject to the border procedure in accordance with Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]to third country partner state reception centres;
Amendment 2087 #
Proposal for a regulation
Article 46 – title
Article 46 – title
Amendment 2091 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
A SVolidarityuntary Contribution Forum shall comprise all Member States. The Commission and third country partner states hosting reception centres. The Council shall convene and preside over the SVolidarityuntary Contribution Forum in order to ensure theits smooth functioning of this Part.
Amendment 2103 #
Proposal for a regulation
Article 47
Article 47
Amendment 2111 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration Managementitigation Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, itMember States shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Membto be relocated to third country reception centres for processing of their request for international protection and its potential facilitation in the third country partner Sstate concerned.
Amendment 2115 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Within two weeks of the adoption of the Migration Managementitigation Report, the Commission shall invite all other Member States that are not expected to be faced with arrivals on their territory as referred to in paragraph 1 to provide the svolidarituntary contributions referred to in paragraph 2. In its request for relocation to third country partner state reception centres, the Commission shall indicate the total number of applicants to be relocated by each Member State in the form of solidarity contributions referred to in Article 45(1), point (a) by each Member State, calculated according to the distribution key set out in Article 54. The distribution key shall include the share of the benefitting Member Statto third country partner state reception centres.
Amendment 2121 #
4. Within one month of the adoption of the Migration Managementitigation Report, Member States shall notify the Commission of theeach other of the voluntary contributions they intend to make, by completing the SAR Solidarity Response Plan set out in Annex I. Member States shall indicate and whether they intend to provide voluntary contributions in the form of:
Amendment 2124 #
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
(a) relocation in accordance with Article 45(1), point (a)to a third country partner state reception centre; or
Amendment 2127 #
Proposal for a regulation
Article 47 – paragraph 4 – point b
Article 47 – paragraph 4 – point b
(b) measures in accordance with Article 45(1), point (d) identified in the Migration Managementitigation Report; or
Amendment 2130 #
Proposal for a regulation
Article 47 – paragraph 4 – point c
Article 47 – paragraph 4 – point c
(c) relocation in accordance with Article 45(1), point (a) of vulnerable persons pursuant to Article 49(4)to third country partner state reception centres.
Amendment 2134 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. Where the Commissionuncil by unanimity considers that the svolidarituntary contributions indicated by all the Member States pursuant to paragraph 4 fall significantly short of the total svolidarituntary contributions set out in the Migration Managementitigation Report, the Commission shalluncil shall by unanimous decision convene the SVolidarity Forum. The Commission shall invituntary Contribution Forum. The Member States are welcome to adjust the number and, where relevant, the type of contributions. Member States that adjust theof relocations to third countributions shall submit revised SAR Solidarity Response Plans in the course of the Solidarity Forumy partner state reception centres or returns.
Amendment 2142 #
Proposal for a regulation
Article 48
Article 48
Amendment 2154 #
Proposal for a regulation
Article 48 – paragraph 2 – point a
Article 48 – paragraph 2 – point a
(a) the total number of third-country nationals to be covered by relocation to contribute to the needs of the Member States referred to in Article 47(2) as identified in the Migration Management Reportrelocated to third country partner state reception centres;
Amendment 2156 #
Proposal for a regulation
Article 48 – paragraph 2 – point b
Article 48 – paragraph 2 – point b
Amendment 2164 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Amendment 2168 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
Amendment 2172 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 3
Article 48 – paragraph 2 – subparagraph 3
Amendment 2181 #
Proposal for a regulation
Article 49
Article 49
Amendment 2187 #
2. Under the coordination of the Commission and competent Member State agencies, the Asylum Agency and the European Border and Coast Guard Agency shall draw up the list of eligible persons to be relocated and to be subject to return sponsorship. The list shall indicate the distribution of those persons among theMember States that have concluded agreements with third countries enabling the relocation to third countributing Memby partner Sstates taking into account the total number of reception centres of eligible persons to befor relocated or to be subject to return sponsorship by each contributing Member State, the nationality of those persons and the existence of meaningful links between them and the Member State of relocation or of return sponsorship. Priority shall be given to the relocation of vulnerable persons. The Asylum Agency and the Europeaion as well as a list of countries that comply with requirements to accept returns from the Member States. The list shall lay out all current agreements with regard to third country processing and facilitation of international protection as well as all third countries that comply or do not comply with requirements to accept returns or host reception centres in Border and Coast Guard Agency shall assist the Commission in monitoring the use of the solidarity poolfor third countries to be eligible for any EU funding such as development aid.
Amendment 2188 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 2191 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1
Article 49 – paragraph 3 – subparagraph 1
Amendment 2192 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 2
Article 49 – paragraph 3 – subparagraph 2
Amendment 2195 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 2196 #
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. The Commission shall support and facilitate the procedures leading to the relocation of applicants and the implementation of return sponsorship, paying particular attention to unaccompsuccessful conclusion of agreements between Member States and third countries for the purposes of relocation to third country partner state reception centres of applicants for international protection and the facilitation of granited minors. It shall coordinate the operational aspects of relocrequests. In addition, the Commission shall also make it a priority to support by all means available, the successful implementation andof return sponsorshipagreements, including with the assistance of experts or teams of experts to be deployed by the Asylum Agencyby not providing any funds to beneficiary third countries that refuse to enter into return agreements with Member States orf the European Border and Coast Guard AgencUnion or refuse to host reception centres on their territory.
Amendment 2209 #
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
Amendment 2214 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency in close cooperation with competent Member State authorities, acting as equal partners, shall assist the Commission in drawing up the assessment of migratory pressure. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment jointly with competent Member State authorities.
Amendment 2228 #
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
(c) the number of return decisions that respect Directive 2008/115/EC;
Amendment 2232 #
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
(d) the number of third-country nationals who left the territory of the Member States following a return decision that respects Directive 2008/115/EC;
Amendment 2234 #
Proposal for a regulation
Article 50 – paragraph 3 – point e
Article 50 – paragraph 3 – point e
(e) the number of third-country nationals admitted by the Member States through Union and national resettlement [or humanitarian admission] schemes;
Amendment 2236 #
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
Amendment 2238 #
Proposal for a regulation
Article 50 – paragraph 3 – point g
Article 50 – paragraph 3 – point g
Amendment 2243 #
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehended in connection with an irregularllegal crossing of the external land, sea or air border;
Amendment 2247 #
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
(i) the number of persons refused entry in accordance with Article 14 of Regulation EU (No) 2016/399national law;
Amendment 2248 #
Proposal for a regulation
Article 50 – paragraph 3 – point j
Article 50 – paragraph 3 – point j
(j) the number and nationality of third- country nationals disembarked following search and rescue operationsafter a failed mission to return migrants to the port of origin, including the number of applications for international protection;
Amendment 2262 #
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
(b) the level of cooperation on migration with third countries of origin and transit, first countries of asylum, and safe third countries as defined in Regulation (EU) XXX/XXX [Asylum Procedure Regulation]by Member States individually;
Amendment 2264 #
(f) the Migration Managementitigation Report referred to in Article 6(4);
Amendment 2268 #
Proposal for a regulation
Article 50 – paragraph 4 – point i
Article 50 – paragraph 4 – point i
(i) quarterlyregular bulletins on migration, and other reports, of the European Union Agency for Fundamental Rightrelevant Member State bodies.
Amendment 2276 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Amendment 2279 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 2291 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member State under migratory pressure should take in the field of migration managementitigation, and in particular in the field of asylum and returnreturns and third country reception as well as processing and facilitation of asylum;
Amendment 2305 #
Proposal for a regulation
Article 52 – title
Article 52 – title
Amendment 2309 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shallare encouraged to contribute by means of the svolidarituntary contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors to third country partner state reception centres.
Amendment 2319 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Where the report referred to in Article 51 identifies measures referred to in paragraph 3, point (b)(iii) of that Article, other Member States may contribute by means of those measures instead of measures referred to in Article 51(3)(b)(ii). Such measures shall not lead to a short fall of more than 30% of the total contributions identified in the report on migratory pressure under Article 51(3)(b)(ii).
Amendment 2327 #
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Within two weeks from the adoption of the report referred to in Article 51, Member States shallare encouraged but not obliged to submit to the Commission a SVolidarity Responseuntary Contribution Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 51(3)(b)(ii) or, where relevant, the measures set out in Article 51(3)(b)(iii) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 51(3)(b)(ii), they shallare encouraged to indicate the share of each.
Amendment 2330 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Where the SVolidarity Responseuntary Contribution Plan includes return sponsorship or relocation to a third country partner state reception centre, Member States shall indicate the nationalities of the illegally staying third- country nationals present on the territory of the Member State concerned that they intend to sponsorreturn or relocate to a third country partner state reception centre.
Amendment 2333 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Where Member States indicate measures set out in Article 51(3)(b)(iii) in the SVolidarity Response Plan they shall alsuntary Contribution Plan they are also encouraged to indicate the detailed arrangements and the time-frame for their implementation.
Amendment 2338 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the SVolidarity Responseuntary Contribution Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall recommend to the Council to convene the SVolidarity Forumuntary Contribution Forum by way of unanimous decision. In such cases, the Commission shall invite Member States to adjust the type of contributions in their SVolidarity Responseuntary Contribution Plans in the course of the SVolidarityuntary Contribution Forum by submitting revised SVolidarity Responseuntary Contribution Plans.
Amendment 2345 #
5. A Member State proposing svolidarituntary contributions set out in Article 51(3)(b)(ii), may request a deduction of 100% of its share calculated according to the distribution key set out in Article 54 where it indicates in the SVolidarity Responseuntary Contribution Plans that over the preceding five yearour decades it has examined twicabove the Union average per capita of applications for international protection.
Amendment 2351 #
Proposal for a regulation
Article 53
Article 53
Amendment 2371 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
The distribution referred to in paragraph 3 point (c) shall be adjusted where a Member State making a request pursuant to Article 52(5) demonstrates in the SVolidarity Responseuntary Contribution Plan that over the preceding 5 yearfour decades it has been responsible for twice thabove Union average per capita of applications for international protection. In such cases the Member State shall receive a deduction of 10/0% of its share calculated according to the distribution key set out in Article 54. This deduction shall be distributed proportionately among the Member States making contributions referred to in Article 45(1) points (a), (b) and (c);
Amendment 2374 #
Those acts shall remain in force for a period not exceeding 1 yearthree months.
Amendment 2388 #
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDPinverse of the proportion of the population born in a third country (50% weighting).
Amendment 2408 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
Amendment 2413 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
Amendment 2418 #
Proposal for a regulation
Article 55 – paragraph 4 – point a
Article 55 – paragraph 4 – point a
(a) providing counselling on return and reintegration to illegally staying third- country nationals;
Amendment 2419 #
Proposal for a regulation
Article 55 – paragraph 4 – point b
Article 55 – paragraph 4 – point b
(b) using the national programme and resources for providing logistical, financial and other material or in-kind assistance, including reintegration, to illegally staying third-country nationals willing to depart voluntarily;
Amendment 2422 #
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
Amendment 2431 #
Proposal for a regulation
Article 56 – title
Article 56 – title
Other svolidarituntary contributions
Amendment 2433 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. Where a Member State requests solidarity support from other Member States to assist it in addressing the migratory situation on its territory to preventmitigation of migratory pressure, it shall notify the Council and Commission of that request.
Amendment 2435 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Any Member State may, at any time, in response to a request for svolidarituntary support by a Member State, or on its own initiative, including in agreement with another Member State and, if applicable, a third country partner state hosting reception centres, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]seek to decrease migratory pressure and illegal entry to Member State territory.
Amendment 2440 #
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Member States which have contributed or plan to contribute with svolidarituntary contributions in response to a request for svolidarituntary support by a Member State, or on its own initiative, shall notify the Council and Commission, thereof by completing the SVolidarity Supportuntary Contribution Plan form set out in Annex IV. The SVolidarity Responseuntary Contribution Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation.
Amendment 2444 #
Proposal for a regulation
Article 57 – title
Article 57 – title
Procedure before relocation to a third country partner state reception centre
Amendment 2454 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Membe third country partner Sstate providing for reception centres. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2)planning to undertake the relocation to a third country partner state reception centre shall instead seek to return the applicant to their country of origin.
Amendment 2459 #
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where relocation to third country partner state reception centres is to be applied, the benefitting Member State shall identify the persons who could be relocated to third country partner state reception centres. Where the person concerned is an applicant for or a beneficiary of international protection, that Membe hosting third country partner Sstate shall take into account, where applicable,by way of agreement with one or multiple Member State(s) take into account the existence of meaningful links between the person concerned and the Membculture, language and religion of the partner Sstate of relocation. Where the identified person to be relocated is aproviding reception centre capacity. For the purposes of this regulation only Member States are competent to specify whether or not the consent of the beneficiary ofor international protection, the person concerned shall be relocated only after that person consented to relocation in writingo be relocated to a third country reception centre is required, and to legislate to this effect if necessary.
Amendment 2467 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Where relocation is to be applied pursuant to Article 49,to third country reception centres is to be applied the benefitting Member State shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agency referred to in Article 49(2).
Amendment 2469 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Amendment 2479 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 2482 #
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The benefitting Member State shall transmit to the Member State ofarranging relocation to a third country partner state reception centre as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3.
Amendment 2487 #
Proposal for a regulation
Article 57 – paragraph 6
Article 57 – paragraph 6
6. The Member State ofarranging relocation to a third country partner state reception centre shall examine the information transmitted by the benefitting Member State pursuant to paragraph 5, and verify that there are no reasonable grounds to consider the person concerned a danger to itsthe national security or public order of the third country partner state. If the person is determined to constitute a danger, they shall immediately be returned to their country of origin.
Amendment 2491 #
Proposal for a regulation
Article 57 – paragraph 7 – introductory part
Article 57 – paragraph 7 – introductory part
7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public order, the Member State ofarranging relocation shall confirm within one week that it will relocate the person concerned. to a third country partner state reception centre.
Amendment 2495 #
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Where the checks confirm that there are reasonable grounds to consider the person concerned a danger to its national security or public order, the Membthe third country partner Sstate of relocation shall inform within one week the benefitting Member State of the nature of and underlyhosting reception or its public order, the Member State which is tasked with arranging relements for an alert from anocation shall immediately prelevant database. In such cases, relocation of the person concerned shall not take placepare for the return of the person to their country of origin.
Amendment 2497 #
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
Amendment 2498 #
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
In exceptional cases, where it can be demonstrated that the examination of the information is particularly complex or that a large number of cases need checking at that time, the Member State ofarranging relocation to a third country partner state reception centre may give its reply after the one-week time limit mentioned in the first and second subparagraphs, but in any event within two weeks. In such situations, the Member State ofarranging relocation to a third country partner state reception centre shall communicate its decision to postpone a reply to the benefitting Member State within the original one-week time limit.
Amendment 2499 #
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 3
Article 57 – paragraph 7 – subparagraph 3
Amendment 2500 #
Proposal for a regulation
Article 57 – paragraph 8
Article 57 – paragraph 8
Amendment 2502 #
Proposal for a regulation
Article 57 – paragraph 9
Article 57 – paragraph 9
9. The transfer of theany person concerned from the benefitting Member State to the Membfrom a Member State to a third country partner Sstate of relocationreception centre shall be carried out in accordance with the national law of the benefitting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within 4 weeks of the confirmation by the Member State of relocation or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3)relevant bilateral or multilateral agreement with that third country.
Amendment 2503 #
Proposal for a regulation
Article 57 – paragraph 10
Article 57 – paragraph 10
10. Articles 32(3), (4) and (5), Articles 33 and 34, Article 35(1) and (3), Article 36(2) and (3), and Articles 37 and 39 shall apply mutatis mutandis to the transfer for the purpose of relocation to third country partner state reception centres.
Amendment 2506 #
Proposal for a regulation
Article 57 – paragraph 11
Article 57 – paragraph 11
11. The Commission shall, by means of implementing acts, adopt uniform cConditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2) shall be decided solely by Member States so as to be fully compatible with bilateral or multilateral agreements with third countries hosting reception centres.
Amendment 2508 #
Proposal for a regulation
Article 58 – title
Article 58 – title
Procedure after relocation to third country partner state reception centres
Amendment 2509 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Member State ofarranging relocation to third country partner state reception centres shall inform the benefitting Member State of the safe arrival of the person concerned or of the fact that the or she did not appear within the set time limitrelocation third country partner state reception centres has failed.
Amendment 2540 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Funding support following relocation pursuant to Chapters I and II of Part IVto third country partner state reception centres shall be implemented in accordance with Article 176 of Regulation (EU) XXX/XXX [Asylum and Migration Fund].
Amendment 2544 #
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1 (new)
Article 61 – paragraph 1 – subparagraph 1 (new)
In addition to every available diplomatic and logistical support, the Union shall provide financial support to any Member State that seeks to negotiate, or that has concluded, an agreement with a third country partner state to relocate the processing of requests for international protection and the facilitation of such protection entirely to that partner state. For each individual relocated to a third country reception centre, a lump sum in accordance with Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund] shall be allocated to the Member State which has facilitated the third country processing of the request for international protection or its realisation in a third country partner state.
Amendment 2555 #
Proposal for a regulation
Article 67
Article 67
Amendment 2556 #
Proposal for a regulation
Article 68
Article 68
Amendment 2562 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
No sooner than [fivetwo] years after the date of application of this Regulation, and every fivetwo years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] years time limit expires.
Amendment 2567 #
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1 – point a
Article 71 – paragraph 1 – subparagraph 1 – point a
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
With regard to beneficiaries of international protection who are not hosted by a third country under an agreement with a Member State, the required period of legal and continuous residence shall be threen years.
Amendment 2573 #
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Article 72 – paragraph 1 – point 1
Regulation (EU) 2021/1147
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall receive, in addition to their allocation calculated in accordance with point (a) of Article 11(1), an amount of EUR 10 000 for each person admitted through resettlement or h, or third-country partner states that have entered into agreements with Member States to process requests for international protection and facilitate such protection on their behalf, shall receive an amount of EUR 10 000 for each person relocated to the reception centres of those third-country partner states. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum anitarian admission.d Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.)
Amendment 2574 #
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Article 72 – paragraph 1 – point 1
Regulation (EU) 2021/1147
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where appropriate, Member States may also be eligible for an additional amount of EUR 10 000 for family members of persons referred to in paragraph 1, if those persons are admitted to ensure family unity.relocated to the same reception centre of the third- country partner state to ensure family unity. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.)
Amendment 2575 #
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Article 72 – paragraph 1 – point 1
Regulation (EU) 2021/1147
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The additional amount referred to in paragraph 1 shall be allocated to the Member State programme. The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme. The amount referred to in paragraph 1 may be included in the payment applications to the Commission, provided that the person in respect of whom the amount is allocated was resettled or admitted.carrying out the relocation to a third-country partner state. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.)
Amendment 2577 #
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Article 72 – paragraph 1 – point 1
Regulation (EU) 2021/1147
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall keep the information necessary to allow the proper identification of the persons resettled or admitted and of the date of their resettlement or admission, while applicable provisions concerning data retention periods shall prevail. to a third-country partner state. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.)
Amendment 2578 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17
Article 17
Amendment 2593 #
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
Amendment 2594 #
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 2595 #
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
It shall apply to applications for international protection registered as from [the first day of the thirteenth month following its entry into force]. The Member State responsible for the examination of an application for international protection submitted before and after that date shall be determined in accordance with the criteria set out in Regulation 604/2013.
Amendment 2596 #
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties and their national constitutions.
Amendment 2599 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Amendment 2600 #
Proposal for a regulation
Annex I – indent 2
Annex I – indent 2
— Reference No……. (Rev)73 ….. _________________ 73Reference to revision to be used in case of revised voluntary contributions in the course of the SVolidarityuntary Contribution Forum.
Amendment 2602 #
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
Standard form for establishing a SVolidarity Responseuntary Contribution Plan in accordance with Article 50
Amendment 2603 #
Proposal for a regulation
Annex II – indent 3
Annex II – indent 3
— Reference No: ……. (Rev)74 ….. _________________ 74Reference to revision to be used in case of revised voluntary contributions in the course of the SVolidarityuntary Contribution Forum.
Amendment 2606 #
Proposal for a regulation
Annex III – paragraph 2 – introductory part
Annex III – paragraph 2 – introductory part
Population effectMS76 _________________ 76 For twosome Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments.
Amendment 2607 #
Proposal for a regulation
Annex III – paragraph 3 – introductory part
Annex III – paragraph 3 – introductory part
Amendment 2610 #
Proposal for a regulation
Annex III – paragraph 4
Annex III – paragraph 4
ShareMS = 50% Population effectMS + 50% GDP effectthe inverse of the proportion of the population born in a third countryMS
Amendment 2612 #
Proposal for a regulation
Annex IV – subheading 1
Annex IV – subheading 1
Standard form for contributing to a SVolidarity Supportuntary Contribution Plan in accordance with Article 54