212 Amendments of Péter NIEDERMÜLLER related to 2016/0224(COD)
Amendment 227 #
Proposal for a regulation
Recital 13
Recital 13
(13) The applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application, as appropriate. For the right to a personal interview to be effective, the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner. The applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor, and he or she may be assisted by the legal adviser or counsellor during the interview. The personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel, including where necessary, personnel from authorities of other Member States or experts deployed by the European Union Agency for Asylum. The personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control. Given that the personal interview is an essential part of the examination of the application, the interview should be recorded and the applicants and their legal advisers should be given access to the recording, as well as to the report or transcript of the interview before the determining authority takes a decision, or in the case of an accelerated examination procedure, at the same time as the decision is made. Applicants should always be given an opportunity to provide further clarifications orally or in writing with regard to any incorrect translations or misunderstandings in the report or in the transcript.
Amendment 265 #
Proposal for a regulation
Recital 23
Recital 23
(23) An application should be registered as soon as it is made. At this stage, the authorities responsible for receiving and registering applications, including border guards, police, immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant. Those authorities should inform the applicant of his or her rights and obligations, as well as the consequences for the applicant in case of non-compliance with those obligations. The applicant should be given a document certifying that an application has been made. The time limit for lodging an application starts to run from the moment an application is regiswhich certifies his or her status as an applicant at the time when the application is registered, and which should be valid for a period of six months and shall be renewed automatically where no final decision has yet been reached on the application for international protection, ensuring that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State redsponsible.
Amendment 270 #
Proposal for a regulation
Recital 24
Recital 24
(24) The lodging of the application is the act that formalises the application for international protection. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do soof submitting of elements available to the applicant which may help to substantiate the application for international protection in accordance with [Article 4(1) of the Qualification Regulation]. At this stage he or she is required to submit all the elements at his or her disposal needed to substantiate and complete the application. The time-limit for the administrative procedure starts to run from the moment an application is lodged. At that time, the applicant should be given a document which certifies his or her status as an applicant, and which should be valid for the duration of the his or her right to remain on the territory of the Member State responsible for examining the application.
Amendment 276 #
Proposal for a regulation
Recital 25
Recital 25
(25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understandat the moment when the application for international protection is registered and in a language that he or she understands. Information should be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national authorities by not providing the elements necessary for the examination of the application and by not providing his or her fingerprints or facial image, or fails to lodge his or her application within the set time limit, the application could be rejected as abandoned, it is necessary that the applicant be informed of the consequences for not complying with those obligations.
Amendment 306 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 314 #
Proposal for a regulation
Recital 36
Recital 36
(36) The concept of first country of asylum should be applied as a ground for inadmissibilityMember States should retain the possibility to apply the concept of first country of asylum, where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards ofunder the Geneva Convention or the applicant would be provided sufficienteffective protection in that country. In particular, the Member States should not examine the merits of an application equivalent to the protection granted to refugees. Member States should be entitled to apply the concept where a first country of asylum has granted the applicant refugee status or otherwise sufficienteffective protection. Member States should be entitled to proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the Geneva Convention or has otherwise enjoyed and will continue to enjoy sufficienteffective protection, particularly as regards the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, and the right to family reunification in accordance with international human rights standards, with no risk of refoulement to another third country or arbitrary deprivation of liberty.
Amendment 320 #
Proposal for a regulation
Recital 37
Recital 37
(37) The concept of safe third country should be applied as a ground for inadmissibilitMember States should be able to apply the concept of safe third country where the applicant, due to a meaningful connection to the third country including one through which he or she has transited, can reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country. Member States should proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, that the applicant will have the possibility to receive protection in accordance with the substantive standards of the Geneva Convention or will enjoy sufficient protectioneffective protection in that country equivalent to the protection granted to refugees, particularly as regards the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, and the right to family reunification in accordance with international human rights standards, with no risk of refoulement to another third country or arbitrary deprivation of liberty.
Amendment 324 #
Proposal for a regulation
Recital 38
Recital 38
(38) An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). There need not be an examination on the merits where an application should be declared as inadmissible in accordance with this Regulation. However, where from a prima facie assessment it is clear that an application may be rejected as manifestly unfounded, the application may be rejected on that ground without examining its admissibility.
Amendment 327 #
Proposal for a regulation
Recital 39
Recital 39
(39) The examination of an application should be accelerated and completedIt should be possible for determining authorities to accelerate the examination of an application and complete that application within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant might comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are serious national security or public concerns, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations. Furthermore, an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation. Furthermore, an accelerated examination procedure should not be applied to unaccompanied minors.
Amendment 336 #
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than four weeks and after that period applicants should be allowed entry to the territory of the Member State. It is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone, that the border procedure may be applied at locations in proximity to the border or transit zone. A border procedure mayshall not be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
Amendment 341 #
Proposal for a regulation
Recital 42
Recital 42
(42) As long as an applicant can show good cause, the lack of documents on entry or the use of forged documents should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure.
Amendment 348 #
Proposal for a regulation
Recital 43
Recital 43
(43) Where an applicant either explicitly withdraws his or her application of his or her own motion, or does not comply with the obligations arising from this Regulation, Regulation (EU) No XXX/XXX (Dublin Regulation) or Directive XXX/XXX/EU (Reception Conditions Directive) thereby implicitly withdraws his or her application, the application should not be further examined and it should be rejected as explicitly withdrawn or abandonedimplicitly withdrawn, and any application in the Member States by the same applicant further after that decision should be considered to be a subsequent application. However, the implicit withdrawal should not be automatic but the applicant should be allowed the opportunity to report to the determining authority and demonstrate that the failure to comply with those obligationsany implicit withdrawal was due to circumstances beyond his control.
Amendment 359 #
Proposal for a regulation
Recital 45
Recital 45
(45) A key consideration as to whether an application for international protection is well-founded is the safety of the applicant in his or her country of origin. Having regard to the fact that Regulation (EU) No XXX/XXX (Qualification Regulation) aims to achieve a high level of convergence on the qualification of third- country nationals and stateless persons as beneficiaries of international protection, this Regulation establishes common criteria for designating third countries as safe countries of origin and, in view of the need to strengthen the application of the safe country of origin concept as an essential tool to support the swift processing of applications that are likely to be unfounded, this Regulation sets out an EU common list of safe countries of origin.
Amendment 364 #
Proposal for a regulation
Recital 46
Recital 46
(46) The fact that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an appropriate individual examination of the application for international protection. By its very nature, the assessment underlying the designation can only take into account the general, civil, legal and political circumstances in that country and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in that country. For this reason, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her.
Amendment 367 #
Proposal for a regulation
Recital 47
Recital 47
Amendment 374 #
Proposal for a regulation
Recital 48
Recital 48
(48) The establishment of an EU common list of safe countries of origin and an EU common list for safe third countries should address some of the existing divergences between Member States’ national lists of safe countries of origin. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at Union level or appearing on the EU common list as safe countries of origin, the establishment of such a common designation or list should ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on the common list or who have a connection with a safe third country. This should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. For that reason, the possibility of using national lists or designationsf safe countries of origin should come to an end within a period of fivthree years from entry into force of this Regulation.
Amendment 378 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) The EU's common list of safe countries of origin should not have the aim of reducing the number of asylum seekers from countries which combine a large number of applications with a low recognition rate. The designation of a third country as a safe country of origin should be based solely on an assessment of whether that country's situation conforms to the common criteria for designating third countries as safe countries of origin that are laid down in this Regulation.
Amendment 383 #
Proposal for a regulation
Recital 49
Recital 49
(49) The Commission, assisted by the European Union Agency for Asylum, should regularly review the situation in third countries designated as safe third countries at Union level or that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of such a third country, the Commission should be able to suspend the designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a limited period of time by means of a delegated act in accordance with Article 290 of the Treaty on the Functioning of the European Union. Moreover, in this case, the Commission should propose an amendment for the third country not to be designated as a safe third country at Union level any longer or to remove that third country from the EU common list of safe country of origin within 36 months of the adoption of delegated act suspending the third country.
Amendment 393 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission, with the assistance of the European Union Agency for Asylum, should regularly review the situation in third countries that have been removed from the EU common list of safe countries of origin or safe third countries, including where. Where a third country has been removed from the EU common list of safe countries of origin, a Member State may notifiesy the Commission thatwhere it considers, based on a substantiated assessment, that, following changes in the situation of that third country, it fulfils again the conditionsonce again fulfils the criteria set out in Annex 1 to this Regulation for being designated as safe. In such a case, Member States could only designate that third country as a safe country of origin or a safe third country at the national level as long as the Commission does not raise objections to that designation. Whereincluded in the EU common list of safe countries of origin. The Commission shall examine any such notification by a Member State and if appropriate, submit a proposal to the European Parliament and to the Council to amend the EU common list of safe countries of origin accordingly. If the Commission consdeciders that these conditions are fulfilled, it may propose an amendment to the designation of safnot to submit such a proposal, Member States shall not designate thirdat countries at Union level or to the EU common list ofy as a safe countriesy of origin so as to add the third countryat national level.
Amendment 501 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(c a) 'registering' of an application for international protection means the recording of the personal details, in accordance with [Article 10(1) of the Eurodac Regulation] of an applicant for international protection, which formalises the application for international protection;
Amendment 503 #
Proposal for a regulation
Article 4 – paragraph 2 – point c b (new)
Article 4 – paragraph 2 – point c b (new)
(c b) 'lodging' of an application for international protection means the submission of elements available to the applicant which may help to substantiate the application for international protection in accordance with [Article 4(1) of the Qualification Regulation];
Amendment 504 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) 'final decision' means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation), including a decision rejecting the application as inadmissible or a decision rejecting an application as explicitly withdrawn or abandoned and which can no longer be subject to an appeal procedure in the Member State concerned;
Amendment 511 #
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) 'guardian' means a person or an organisation appointed by the comptent bodies to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation, and exercising legal capacity for the minor where necessary;
Amendment 518 #
Proposal for a regulation
Article 4 – paragraph 2 – point i
Article 4 – paragraph 2 – point i
(i) 'subsequent application' means a further application for international protection made in any Member State after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal;
Amendment 531 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Amendment 542 #
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. The determining authority of the Member State responsible may be assisted for the purpose of receiving, and registering and examinpplications for international protection by the authorities of another Member State which has been entrusted by the Member State responsible with the task of receiving or registering applications for international protection by:;
Amendment 549 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
Amendment 550 #
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
Amendment 552 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. The determining authority of the Member State responsible may be assisted for the purpose of receiving, registering and examining applications for international protection by experts deployed by the European Union Agency for Asylum, in accordance with Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 555 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, 4 and 4a have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this Regulation.
Amendment 577 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) lodging his or her application in accordance with Article 28 within the set time-limit and submitting all elements at his or her disposal neededthat might help to substantiate his or her application;
Amendment 579 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) hand overallowing the responsible authorities to examine and make copies of documents in his or her possession relevant to the examination of the application.
Amendment 587 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial imagein accordance with paragraph 2, and the responsible authorities have properly informed that person of his or her obligations and hasthe consequences of refusing to cooperate, and where the responsible authorites have ensured that that person has had an effective opportunity to comply with those obligations, his or her application shallmay be rejected as abandonedimplicitly withdrawn in accordance with the procedure referred to in Article 39.
Amendment 589 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The applicant shall inform the determining authority of the Member State in which he or she is required to be present of his or her place of residence or address or a telephone number or e-mail address where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.
Amendment 595 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The applicant shall comply with any obligations to report regularly to the competent authorities or to appear before them in person without delay or at a specified time or to remain in a designated area on its territory in accordance with Directive XXX/XXX/EU (Reception Conditions Directive), aswhere such an obligation has been imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 605 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
Amendment 610 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the right to legal assistance for the lodging of the individual application, including the possibility of free legal assistance in accordance with Article 15;
Amendment 611 #
(c) their rights and obligations during the procedure, including the obligation to remain in the territory of the Member State in which they are required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 616 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point e
Article 8 – paragraph 2 – subparagraph 1 – point e
(e) the time-frame of the procedureany time-limits which they are required to respect and the time-limits which the responsible authorities are required to respect;
Amendment 617 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point f
Article 8 – paragraph 2 – subparagraph 1 – point f
(f) the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Regulation (EU) No XXX/XXX (Qualification Regulation) including the right to free legal assistance and representation;
Amendment 623 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 633 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. The determining authority may also provide applicants with a cultural mediator to assist him or her during the procedure and, in particular, during the personal interview.
Amendment 636 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. TWithin 14 days of making the application , the determining authority shall provide applicants with the opportunity to communicate with United Nations High Commissioner for Refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law.
Amendment 642 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The determining authority shall give applicants notice win writhin a reasonable timeg within seven days of the decision taken on their application. Where a guardian, legal adviser or other counsellor is legally representing the applicant, the determining authority mayshall give notice of the decision to him or her instead ofas well as to the applicant.
Amendment 649 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Applicants shall have the right to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a decision in accordance with the administrative procedure provided for in Chapter III.
Amendment 652 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 660 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) a person makes a second or further subsequent application in accordance with Article 42 and in accordance with the conditions laid down in Article 43;
Amendment 664 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. A Member State may extradite or expel an applicant to a third country pursuant to paragraph 3(a) and (b) only where the determining authority is satisfied that an extradition or return decision will not result in direct or indirect refoulement in breach of the international and Union obligations of that Member State.
Amendment 669 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. BWhere a determining authority decides to carry out an admissibility test in accordance with Article 36, and before a decision is taken by theat determining authority on the admissibility of an application for international protection, the applicant shall be given the opportunity of an personal interview on the admissibility of his or her application.
Amendment 676 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In the substantive interview, the applicant shall be given an adequatesufficient opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and he or she shall provide all the elements at his or her disposal as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’'s statements.
Amendment 679 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 685 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The personal interviews shall be conducted under conditions which ensure appropriate confidentiality and whichMember States shall take appropriate steps to ensure that those conditions allow applicants to present the grounds for their applications in a comprehensive manner.
Amendment 687 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) or experts deployed by the European Union Agency for Asylum referred to in Article 5 (4)(b a).
Amendment 691 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. The persons who conduct personal interviews on admissibility on applications or on substantive applications shall not wear a military or law enforcement uniform during those interviews.
Amendment 694 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant, the determining authority may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) and experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b a), to conduct such interviews.
Amendment 697 #
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
The absence of a personal interview pursuant to point (b) shall not adversely affect the decision of the determining authority. That authority shall give the applicant an effective opportunity to submit further information. When in doubt as to the condition of the applicant, the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature. If, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit to be interviewed.
Amendment 701 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant’situation prevailing in the applicant's country of origin, the applicant's cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.
Amendment 710 #
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. TWithout prejudice to Article 10, paragraph 1, and Article 11, paragraph 1, and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the determining authority from taking a decision on an application for international protection.
Amendment 712 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The determining authority or any other authoritexperts deployed by the European Union Agency for expertsAsylum referred to in Article 5 (4 a) assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview.
Amendment 715 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of the fact of such a recording and the purpose of that recording. However, where the applicant is a minor, the child's best interests shall be a primary consideration in deciding whether the personal interview is audio- visually recorded.
Amendment 729 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording or the transcript for tenone years from the date of a final decision on the application, including on all levels of appeal. The recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 734 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their applications at all stages of the procedure.
Amendment 736 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. TAs soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, the applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure.
Amendment 741 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. As soon as an application for international protection has been registered by the responsible authorities in accordance with Article 27, Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 750 #
Proposal for a regulation
Article 15 – paragraph 2 – point –a (new)
Article 15 – paragraph 2 – point –a (new)
(-a) assistance in preparing and lodging the application in accordance with Article 28;
Amendment 751 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) assistance in the preparation of the application and personal interview, including participation in the personal interview as necessary;
Amendment 759 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
Amendment 764 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point b
Article 15 – paragraph 5 – subparagraph 1 – point b
Amendment 767 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point c
Article 15 – paragraph 5 – subparagraph 1 – point c
(c) the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal, and that second level of appeal is considered to have no tangible prospect of success.
Amendment 769 #
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation. In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 774 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 – introductory part
Article 16 – paragraph 2 – subparagraph 1 – introductory part
The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. In those cases, the determining authority shall:
Amendment 781 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant, provided that the applicant has been informed of his or her right to legal assistance and representation – including free legal assistance and representation where appropriate – and has chosen not to exercise that right.
Amendment 794 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States may request total or partial reimbursement of any costs made if anincurred whenre the applicant’s financial situation considerably improves or where the decision to make such costs wasdecision to provide free legal assistance and representation taken on the basis of false information supplied by the applicant.
Amendment 805 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically and individually assess whether an individual applicant is in need of special procedural guarantees with the assistance of a qualified interpreter where needed. That assessment mayshall be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 812 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particulaor where the determining authority considers that the applicant is in need of special procedural guarantees as a result with particular attention to victims of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant .
Amendment 817 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission mayis empowered to adopt delegated acts in accordance with Article 59 specifying the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.
Amendment 819 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.
Amendment 823 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees and the applicant's observations on the need to benefit from special procedural support.
Amendment 829 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
Amendment 831 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, or if the applicant expresses a reasoned request to have his or her special procedural needs reassessed, without having to restart the procedure for international protection.
Amendment 840 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 850 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, take measures to appoint a person or an organisation as a guardian.
Amendment 862 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise, and shall not have a verified record of child-related crimes or offencescriminal record, in particular as regards any child-related crimes or offences. The responsible authorities shall regularly review the criminal records of appointed guardians in order to identify potential incompatibilities with their role.
Amendment 867 #
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, and in any event no more than 20, which would render him or her unable to perform his or her tasks effectively.
Amendment 873 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, about how to prepare himself or herself for the personal interview. The guardian and, where applicable, a legal adviser or other counsellor admitted or permitted as such under national law, shall be present at that interview and have an opportunity to ask questions or make comments, within the framework set by the person who conducts the interview. The determining authority may require the presence of the unaccompanied minor at the personal interview, even if the guardian is present.
Amendment 884 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 893 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be usedWhere there are doubts as to dwhethermine the age of or not an unaccompanied minors within the framework of the examination of an application where, is under the age of 18, following statements by the applicant, available documentary evidence or other relevant indications including, Member States may order a psychosocial assessment, there are doubts a by qualified professionals to whdether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a mimine the age of applicant within the framework of the examination of an application. The age assessment shall not be based solely on the applicant's physical appearance or demeanour.
Amendment 894 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application. Where, taking into account the margin of error of the method employed - the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 905 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, including the right to appeal the decision on the medical examination, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination. All documents concerning the medical examination shall be added to the applicant’s file.
Amendment 913 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttablnot lead to the presumption that the applicant is not a minor and it. A refusal to carry out the medical examination shall not prevent the determining authority from taking a decision on the application for international protection, however a decision to reject an application for international protection by an unaccompanied minor who refused to undergo a medical examination shall not be based solely on that refusal.
Amendment 927 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission mayis empowered to adopt delegated acts in accordance with Article 59 specifying the content of the information to be provided to applicants when an application is made by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.
Amendment 942 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for tenone years from the date of a final decision on the application for international protection, including on all levels of appeal. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 949 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant shall lodge the application within ten15 working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.
Amendment 953 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time-limit established in paragraph 1. In accordance with Article 14(1), the applicant shall have the right to legal assistance and representation to prepare the lodging of his or her application and shall be informed of that right, including the right to free legal assistance and representation where appropriate. Where free legal assistance is requested, the time limit for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor.
Amendment 959 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
When lodging an application, applicants are required to submit all the elements referred to in Article 4(12) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
Amendment 961 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 2
Article 28 – paragraph 4 – subparagraph 2
The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.
Amendment 963 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The applications for international protection shall be lodged in person and at a designated place. For that purpose, when the application is registered, the applicant shall be given an appointment with the authorities competent for the lodging of the application. The date of such appointment shall be set not earlier than ten working days from the date when the application is registered, unless the consent of the applicant is provided after receiving appropriate information on the obligation to lodge the application and the right to legal assistance and representation.
Amendment 966 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The responsible authorities shall store the data referred to in paragraph 4 for tenone years from the date of a final decision on the application for international protection, including on all levels of appeal. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 981 #
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) stating whetherfrom what date the applicant has permission to take up gainful employment.
Amendment 986 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 2 shall be valid for a period of six months whichand shall be renewed accordingly toutomatically where no final decision has yet been reached on the application for international protection, ensureing that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
Amendment 992 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission mayshall specify the form and content of the documents to be given to the applicants at registration and lodging by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.
Amendment 993 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. WThe re there are indicationsponsible authorities tshatll inform third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:
Amendment 1014 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Member States may impose limits to such access where, by virtue of national law, they are necessary for the security, or public order or administrative management of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible.
Amendment 1030 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The spouse or partner referred to in paragraph 1 shall be informed in private by the determining authority of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunityentitled to lodge an application in his or her own name.
Amendment 1036 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten15 working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten15 working-day period starting from the expiry of the first ten15 working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.
Amendment 1044 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten15 working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.
Amendment 1055 #
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minorresponsible authorities shall be clearly informed of the possibility and the accompanied minor of the procedure for lodging an application in his or her own name at the time of the making of his or her application.
Amendment 1059 #
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten15 working days provided for in Article 28(1), the minor shall be informed of the possibility torocedure for lodgeing his or her application in his or her own name and given an opportunity to do so within a further ten15 working-day period starting from the expiry of the first ten15 working- day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.
Amendment 1062 #
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 1073 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf. TWithout prejudice to the unaccompanied minors right to legal assistance and representation in accordance with Article 14 and 15, the guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged.
Amendment 1075 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In the case of an unaccompanied minor, the ten15 working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten15 working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.
Amendment 1082 #
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:
Amendment 1090 #
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
(e) whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whetherbeing granted international protection. This shall exclude any circumstances independent of those activities would expose the applicant to persecution or serious harm if returned topplicant's will, including but not limited to his or her sexual orientation and religious beliefs, which the applicant may have concealed to various degrees while in thate country; of origin.
Amendment 1091 #
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
Amendment 1095 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Where, at any time before a final decision has been taken on application for international protection, the applicant is granted an EU Blue Card in accordance with Directive xxx/xxx (on the conditions of entry and residence of third country nationals for the purpose of highly skilled employment), that application shall be postponed. That postponement shall last until the EU Blue Card - and any renewal of the EU Blue Card - has expired and the applicant has returned to the Member State responsible for the application of international protection. All the relevant time-limits, in respect of that application for international protection, as laid down in this Regulation shall be postponed accordingly. Those time-limits shall start to run again only once the applicant has returned to the Member State responsible for the application for international protection. An applicant for international protection who is granted an EU Blue Card may explicitly withdraw his or her application for international protection at any time during the validity of the EU Blue Card in accordance with Article 38.The determining authority shall not consider an application for international protection to be implicitly withdrawn in accordance with Article 39 on the ground that the applicant has become an EU Blue Card holder.
Amendment 1096 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law. and shall have completed the necessary training in accordance with Article 7 (3) Regulation (EU) XXX/XXX (EU Asylum Agency Regulation).They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious, mental health, and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 1103 #
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
(b) the applicant has specialfic reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees in accordance with Articles 19 to 22 of this Regulation, in particular where he or she is an unaccompanied minor.
Amendment 1111 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Amendment 1112 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 1116 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than six months from the lodging of the application, without prejudice to an adequate and complete examination.
Amendment 1123 #
Proposal for a regulation
Article 34 – paragraph 5 – subparagraph 1
Article 34 – paragraph 5 – subparagraph 1
Amendment 1127 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delayand his or her legal adviser or other counsellor without undue delay and in any case no later than seven days after the decision has been taken in a language he or she understands or is reasonably meant to understand.
Amendment 1135 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection shall be given in writing, unless otherwise already provided to the applicant- including on the relevant time-limits, shall be given in writing.
Amendment 1139 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application iss are all based on the exact same grounds, the determining authority may take a single decision, covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender, sexual orientation, gender identity or age-based persecution. In such cases, a separate decision shall be issued to the person concerned.
Amendment 1147 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The determining authority shallmay assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and shallmay reject an application as inadmissible where any of the following grounds applies:
Amendment 1154 #
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) a spouse or partner or accompanied minor lodges an application after he or she had consented, in accordance with Article 31, to have an application lodged on his or her behalf, and there are no facts relating to the situation of the spouse, partner or minor which justify a separate application.
Amendment 1161 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 1164 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 1173 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The determining authority shallmay declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40(1)(a), (b), (c), (d) and (ed).
Amendment 1178 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The determining authority shall reject an application as abandonedimplicitly withdrawn where:
Amendment 1189 #
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) the applicant refuses to cooperate by not providing the necessary details for the application to be examined and by not providing his or in accordance with points (a) and (b) of ther fingerprints and facial image pursuant torst paragraph of Article 27(3);
Amendment 1194 #
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
Amendment 1195 #
Proposal for a regulation
Article 39 – paragraph 1 – point f
Article 39 – paragraph 1 – point f
Amendment 1203 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandonedimplicitly withdrawn unless the applicant reports to the determining authority within a period of one month from the date when the written notice is sent.
Amendment 1219 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. Where an application is implicitly withdrawn, the determining authority shallmay take a decision to reject the application as abandonedimplicitly withdrawn or as unfounded where the determining authority has, at the stage that the application is implicitly withdrawn, already found that the applicant does not qualify for international protection pursuant to Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 1224 #
Proposal for a regulation
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. The determining authority shallmay, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection, in the cases where:
Amendment 1240 #
Proposal for a regulation
Article 40 – paragraph 1 – point e
Article 40 – paragraph 1 – point e
(e) a third country may be considered as a safe country of origin for the applicant within the meaning of this Regulation, provided that adequate support for the purpose of Article 19 can be provided within the framework of such a procedure;
Amendment 1249 #
Proposal for a regulation
Article 40 – paragraph 1 – point g
Article 40 – paragraph 1 – point g
Amendment 1254 #
Proposal for a regulation
Article 40 – paragraph 1 – point h
Article 40 – paragraph 1 – point h
Amendment 1260 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application. By way of exception, in the cases set out in paragraph (1)(d), the determining authority shall conclude the accelerated examination procedure within eight working days.
Amendment 1292 #
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The border procedure may not applied to unaccompanied minors.
Amendment 1294 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 1318 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. After a previous application hads been rejected by means of a final decision, any further application made by the same applicant in any Member State shall be considered to be a subsequent application by the Member State responsible.
Amendment 1321 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant which significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation) or which relate to the reasons for which the previous application was rejected as inadmissible.
Amendment 1325 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. The preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in Chapter II. The personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success.
Amendment 1331 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible, or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success.
Amendment 1336 #
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
Without prejudice to the principle of non- refoulement, Member States may provide an exception from the right to remain on their territory and derogate from Article 54(1), where a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible:
Amendment 1340 #
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
Amendment 1343 #
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
Amendment 1351 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. A third country shallmay be considered to be a first country of asylum for a particular applicant provided that:
Amendment 1356 #
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) the applicant has enjoyed protectionbeen recognised as a refugee in accordance with the Geneva Convention in that country before travelling to the Union and he or she can still avail himself or herself of that protection; or
Amendment 1359 #
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
(b) the applicant otherwise has enjoyed sufficienteffective protection in that countryequivalent to the level of protection enjoyed by refugees before travelling to the Union and he or she can still avail himself or herself of that protection.
Amendment 1361 #
Proposal for a regulation
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The determining authority shallmay consider that an applicant enjoys sufficienteffective protection within the meaning of paragraph 1(b) provided that it is satisfied that:
Amendment 1362 #
Proposal for a regulation
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion and that there is no deprivation of liberty without due process;
Amendment 1364 #
Proposal for a regulation
Article 44 – paragraph 2 – point c a (new)
Article 44 – paragraph 2 – point c a (new)
(c a) there is no risk that the applicant would be sent by the third country to another third country in which he or she would not receive effective protection;
Amendment 1368 #
Proposal for a regulation
Article 44 – paragraph 2 – point f
Article 44 – paragraph 2 – point f
(f) there is appropriate access to the labour market, reception facilities, healthcare and education; and
Amendment 1370 #
Proposal for a regulation
Article 44 – paragraph 2 – point f a (new)
Article 44 – paragraph 2 – point f a (new)
(f a) there is access to means of subsistence sufficient to maintain an adequate standard of living;
Amendment 1371 #
Proposal for a regulation
Article 44 – paragraph 2 – point f b (new)
Article 44 – paragraph 2 – point f b (new)
Amendment 1375 #
Proposal for a regulation
Article 44 – paragraph 2 – point g
Article 44 – paragraph 2 – point g
(g) there is a right to family reunification in accordance with international human rights standards., and
Amendment 1376 #
Proposal for a regulation
Article 44 – paragraph 2 – point g a (new)
Article 44 – paragraph 2 – point g a (new)
(g a) the third country has acceded to international refugee instruments and basic human rights instruments and complies with their standards in practice.
Amendment 1379 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(a), the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances when lodging the application and during the admissibility interview.
Amendment 1382 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. As regards unaccompanied minors, tThe concept of first country of asylum may only be applied where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1shall not be applied to unaccompanied minors.
Amendment 1392 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
A third country shall be designatmay be considered asto a safe third country provided that:
Amendment 1400 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point e
Article 45 – paragraph 1 – subparagraph 1 – point e
(e) the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2), as appropriatequest refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention, ratified and applied without any geographical limit.
Amendment 1405 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant international organisations, and national or international non-governmental organisations.
Amendment 1409 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 1419 #
Proposal for a regulation
Article 45 – paragraph 3 – introductory part
Article 45 – paragraph 3 – introductory part
3. The determining authority shallmay consider a third country to be a safe third country for a particular applicant, after an individual examination of the application, only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that:
Amendment 1423 #
Proposal for a regulation
Article 45 – paragraph 3 – point a
Article 45 – paragraph 3 – point a
(a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country, including because the applicant has transited through that third country which is geographically close to the country of origin of the applicant;
Amendment 1427 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(b), an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances when lodging the application and during the admissibility interview.
Amendment 1430 #
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. As regards unaccompanied minors, tThe concept of safe third country may onlyshall not be applied where the authorities of the Member States have first received from the authorities of the third country in question confirmation that the unaccompanied minor shall be taken in charge by those authorities and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e)in respect of unaccompanied minors.
Amendment 1434 #
(b) provide him or her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance as a consequence of the application of the concept of the safe third country.
Amendment 1438 #
Proposal for a regulation
Article 46
Article 46
Amendment 1443 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. A third country may be designated as a safe country of origin in accordance with this Regulation where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is no generally no or consistent persecution as defined in Article 9 of Regulation (EU) No XXX/XXX (Qualification Regulation), no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.
Amendment 1444 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the Union delegations in those countries, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant, relevant international organisations and national or international non-governmental organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).
Amendment 1448 #
Proposal for a regulation
Article 47 – paragraph 3 – point c
Article 47 – paragraph 3 – point c
(c) the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third countryrespect for the principle of non- refoulement in accordance with the Geneva Convention;
Amendment 1452 #
Proposal for a regulation
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
4 a. Member States shall not apply the safe country of origin concept in case of applicants belonging to a minority or group of persons that remains at risk in light of the situation in the country of origin concerned, based on the sources of information listed in Paragraph 2 of this Article.
Amendment 1457 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The Commission shall regularcontinuously review the situation in third countries that are on the EU common list of safe countries of origin or suspended from that list in accordance with Article 49. It shall also continuously review those countries' compliance with the conditions for the designation of a country as a safe country of origin set out in Article 47, with the assistance of the Union Agency for Asylum and based on the other sources of information referred to in Article 457(2). It shall keep the European Parliament informed in a timely manner.
Amendment 1459 #
Proposal for a regulation
Article 48 – paragraph 2 a (new)
Article 48 – paragraph 2 a (new)
2 a. The Commission shall consult the Union Agency for Asylum when conducting its regular reviews of the situation in third countries which are included in the common EU list of safe countries of origin, including those that have been suspended. The Commission may request that the Union Agency for Asylum carry out a review of the situation in any such third country with a view to assessing whether the criteria set out in Article 47. When reviewing the EU common list of safe countries of origin, the Commission shall consult international organisations, in particular the UNHCR, and relevant civil society organisations or individuals with proven country-specific and human rights expertise.
Amendment 1460 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
Amendment 1463 #
Proposal for a regulation
Article 49 – title
Article 49 – title
Suspension and removal of the designation of a third country as a safe third country at Union level orof a third country from the EU common list of safe countryies of origin
Amendment 1464 #
Proposal for a regulation
Article 49 – paragraph -1 (new)
Article 49 – paragraph -1 (new)
-1. The Commission shall be empowered to adopt delegated acts to suspend the presence of a third country from the EU common list of safe countries of origin subject to the conditions as set out in this article.
Amendment 1465 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. In case of sudden changes in the situation of a third country which is designated as a safe third country at Union level or which is on the EU common list ofon the EU common list of safe countries of origin could lead to that country's non- compliance with the conditions for the designation of a country as a safe countriesy of origin, the Commission shall immediately and rapidly conduct a substantiated assessment of the fulfilment by that country of the conditions set in Article 45 orout in Article 47 and, if the Commission considers that those conditions are no longer met, it shall adopt a delegated act suspending the designation of a third country as a safe third country at Union level or suspending the presence of a third country from the EU common list ofy are no longer met, it shall adopt as soon as possible a delegated act, in accordance with Article 290 TFEU, suspending the presence of that third country from the EU common list of safe countries of origin for a period of six months. As soon as possible after it becomes aware of the change in situation and in any event before adopting the delegated act suspending inclusion of that third country from the EU common list, the Commission shall inform the Member States and recommend to them not to apply the safe countriesy of origin for a period of six monthsconcept to that third country at national level.
Amendment 1468 #
Proposal for a regulation
Article 49 – paragraph 2 a (new)
Article 49 – paragraph 2 a (new)
Amendment 1469 #
Proposal for a regulation
Article 49 – paragraph 2 b (new)
Article 49 – paragraph 2 b (new)
2 b. UNHCR, non-governmental organisations and individual experts with proven and relevant country-specific and human rights expertise may request the Commission to suspend or remove a country from the EU common list of safe countries of origin. Such a request shall contain a detailed and up-to-date description of the human rights situation and the persistent human rights violations occurring in the country concerned. It shall also specify the non-compliance with the criteria laid down in Article 47 justifying the suspension or withdrawal of that country from the EU common list of safe countries of origin. Except where it considers the request to be inadmissible, unsubstantiated or repetitive, the Commission shall assess the information submitted in such requests.
Amendment 1470 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 1472 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 1475 #
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49 a Removal of a third country from the EU common list of safe countries of origin 1. Where the Commission has adopted a delegated act in accordance with Article 49, paragraph 1, suspending the designation of a third country as a safe country of origin, it shall within six months after the date of adoption of that delegated act submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country from the EU common list of safe countries of origin. 2 . Where such a legislative proposal is submitted by the Commission within six months, the Commission shall be empowered, on the basis of a substantial assessment, to extend the validity of that delegated act for a period of six months, with a possibility to renew this extension once. 3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure. For that purpose: The Commission shall regularly examine the situation in third countries and the possibility of proposing to add them to the EU common list of safe countries of origin. If appropriate, the Commission shall draw up a proposal to enlarge the common list of safe countries of origin after a substantiated assessment of whether countries to be added to the list fulfil the criteria set out in Article 47. Assessments of whether a country is a safe country of origin conducted in accordance with this Article shall be based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, the Union Agency for Asylum, the UNHCR, the Council of Europe, and other relevant international organisations, and national or international non-governmental organisations.
Amendment 1478 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. For a period of fivthree years from entry into force of this Regulation, Member States may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at Union level or which are on the EU common list in Annex 1 for the purposes of examining applications for international protection. During that period, they shall be responsible for making sure that the national lists of safe countries of origin and the EU common list of safe countries of origin are consistent with one another. This implies the following:
Amendment 1481 #
Proposal for a regulation
Article 50 – paragraph 1 – point a (new)
Article 50 – paragraph 1 – point a (new)
(a) Member States shall notify the Commission of any changes made to their national list.
Amendment 1482 #
Proposal for a regulation
Article 50 – paragraph 1 – point b (new)
Article 50 – paragraph 1 – point b (new)
(b) Member States may propose to add third countries to the EU common list of safe countries of origin. The Commission shall then examine those proposals within six months of their submission, based on the range of information sources at its disposal, in particular EEAS reports and information provided by Member States, the Union Agency for Asylum, the UNHCR, the Council of Europe and other relevant international organisations and national or international non- governmental organisations. If it decides that a third country may be added to the list, the Commission shall draw up a proposal to enlarge the EU common list of safe countries of origin.
Amendment 1483 #
Proposal for a regulation
Article 50 – paragraph 1 – point c (new)
Article 50 – paragraph 1 – point c (new)
(c) Where a third country has been suspended from the EU common list of safe countries of origin pursuant to Article 49(1) of this Regulation, Member States shall not designate that country as a safe country of origin at the national level.
Amendment 1484 #
Proposal for a regulation
Article 50 – paragraph 1 – point d (new)
Article 50 – paragraph 1 – point d (new)
(d) Where a third country has been removed from the EU common list of safe countries of origin pursuant to Article 49a, a Member State may notify the Commission where it considers that, following changes in the situation of that third country, it once again fulfils the criteria set out in Annex I to this Directive for being included in the EU common list of safe countries of origin. The Commission shall examine any such notification by a Member State and if appropriate, submit a proposal to the European Parliament and to the Council to amend the EU common list of safe countries of origin accordingly. If the Commission decides not to submit such a proposal, Member States shall not designate that country as a safe country of origin at national level.
Amendment 1487 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 1490 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 1
Article 50 – paragraph 3 – subparagraph 1
Amendment 1493 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 2
Article 50 – paragraph 3 – subparagraph 2
Amendment 1497 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 3
Article 50 – paragraph 3 – subparagraph 3
Amendment 1501 #
Proposal for a regulation
Article 50 – paragraph 4 a (new)
Article 50 – paragraph 4 a (new)
4 a. As from three years after the entry into force of this Regulation, only a third country that is on the EU common list of safe countries of origin as established, by this Regulation shall be considered to be a safe country of origin.
Amendment 1504 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
The determining authority shallmay start the examination to withdraw international protection from a particular person when new elements or findings arise indicating that there are reasons to reconsider the validity of his or her international protection, and in particular in those instances referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 1508 #
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. Where the competent authority is considering withdrawing international protection from a third-country national or stateless person, including in the context of a regular status review referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation), the person concerned shall enjoy the following guarantees, in particular:
Amendment 1510 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The decision of the competent authority to withdraw international protection shall be given in writing without undue delay and in any case no later than seven days after the decision has been taken. The reasons in fact and in law shall be stated in the decision and i. Information on the manner in whichhow to challenge the decision - including on the relevant time-limits - shall be given in writing.
Amendment 1513 #
Proposal for a regulation
Article 53 – paragraph 1 – point a – point iii
Article 53 – paragraph 1 – point a – point iii
(iii) rejecting an application as explicitly withdrawn or as abandonedimplicitly withdrawn as referred to in Articles 38 and 39;
Amendment 1516 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2 a. In the case of applicants who claim to be unaccompanied minors, a decision taken determining their age referred to in Article 24.
Amendment 1518 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 2
Article 53 – paragraph 3 – subparagraph 2
Amendment 1527 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point a
Article 53 – paragraph 6 – subparagraph 1 – point a
(a) within one week15 working days in the case of a decision rejecting a subsequent application as inadmissible or manifestly unfounded;
Amendment 1530 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point b
Article 53 – paragraph 6 – subparagraph 1 – point b
(b) within twofour weeks in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandonedimplicitly withdrawn, or in the case of a decision rejecting an application as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or border procedure or while the applicant is held in detention;
Amendment 1543 #
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 3
Article 53 – paragraph 6 – subparagraph 3
The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introducedbeneficiary. Following the notification to the applicant or beneficiary, and where the applicant or beneficiary has made a request for free legal assistance and representation in accordance with Article 14(1) and/or Article 15(1), the time-limits shall start to run from the date on which the legal advisor or counsellor is appointed.
Amendment 1550 #
Proposal for a regulation
Article 54 – paragraph 2 – point a
Article 54 – paragraph 2 – point a
Amendment 1552 #
Proposal for a regulation
Article 54 – paragraph 2 – point b
Article 54 – paragraph 2 – point b
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) and (c);
Amendment 1553 #
Proposal for a regulation
Article 54 – paragraph 2 – point c
Article 54 – paragraph 2 – point c
(c) a decision which rejects an application as explicitly withdrawn or abandoned in accordance with Article 38 or Article 39, respectively.
Amendment 1579 #
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. Such a delegated act and its extensions shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of onetwo months from notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.
Amendment 1583 #
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
Member States shall, at the request of the Commission, send it the necessary information for drawing up its report not later than nine months before that time- limit expires. As part of its report, the Commission shall report on the methodology it has used to assess the situation in third countries included in the EU common list of safe third countries, or the potential inclusion or suspension of such countries from the list. It shall also report on the implementation of procedural safeguards for those seeking international protection originating from a country on the EU common list of safe countries of origin.
Amendment 1596 #
Proposal for a regulation
Annex I – paragraph 7
Annex I – paragraph 7