62 Amendments of Eleonora EVI related to 2016/0133(COD)
Amendment 147 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicantexamines in accelerated procedures applications made by applications presenting security concerns.
Amendment 161 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodgedis present when his or her application for international protection is lodged, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise.
Amendment 167 #
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should beis exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 174 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 184 #
Proposal for a regulation
Recital 23
Recital 23
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with themrights under this Regulation, in particular the opportunity to provide information on any family members or persons with other family connections in other Member States, and of his or her obligations under this Regulation and of the consequences of not complying with them. The information given to the applicant must be clear and concise and in a language that he or she understands.
Amendment 192 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 227 #
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of, on the economy of the Member States, including their growth and employment rates, should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressuremost exposed to migration flows. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference keyand in a way that is binding on all the Member States. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 236 #
Proposal for a regulation
Recital 33
Recital 33
(33) WhenIn applying the allocation mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, determine that a different Member State should be responsible.
Amendment 284 #
Proposal for a regulation
Recital 52
Recital 52
(52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocationmechanism effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 287 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down the criteria and mechanisms for determining the single Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Member State responsible’).
Amendment 304 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- the father, mother or, when the applicant is a minor and unmarried, the father, mother or, another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 317 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- whenthe father or mother of the beneficiary of international protection is a minor and unmarried, the father, mother or, if the applicant is a minor, another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 325 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the aunt or uncle or grandparent of the beneficiary of international protection, if they are present in the territory of a Member State, regardless of whether the applicant and/or the beneficiary was born in or out of wedlock or adopted as defined under national law;
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) “representative”‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulation;
Amendment 340 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘benefitting Member State’ means the Member State benefitting from the corrective allocation mechanism set out in Chapter VII of this Regulation and carrying out the allocation of the applicant;
Amendment 372 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Amendment 374 #
Proposal for a regulation
Article 3 – paragraph 3 – point b – point i
Article 3 – paragraph 3 – point b – point i
Amendment 381 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where the Member State considers an application inadmissible or examines an application in accelerated procedure pursuant to paragraph 3, that Member State shall be considered the Member State responsible.
Amendment 388 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 395 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person who intends to make an application for international protection has entered irregularly into the territory of the Member States, the application shall be made in the Member State of that first where he or she is presentry. Where a person who intends to make an application for international protection is legally present in a Member State, the application shall be made in that Member State.
Amendment 411 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 418 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 424 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. As soon as an application for international protection is lodged within the meaning of Article 21(2) in a Member State, its competent authorities shall inform the applicant of the application of this Regulation, in particular the opportunity to provide information regarding the presence of family members or any other family relations in other Member States and of the obligations set out in Article 4 as well asnd the consequences of non-compliance set out in Article 5 , and in particular:
Amendment 434 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined, in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health careapplication for international protection is being examined;
Amendment 438 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the opportunity to provide information regarding the presence of family members or any other family relations in other Member States;
Amendment 454 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) where applicable, of the allocation procedure set out in Chapter VII.
Amendment 462 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in clear, concise language, and in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common leaflet drawn up pursuant to paragraph 3 for that purpose.
Amendment 486 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 495 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. This summary may either take the form of a report or a standard formrecord it in full using audiovisual equipment. The Member State shall ensure that the applicant and/or the legal advisor or other counsellor who is representing the applicant have timely access to the summaryaudiovisual recording.
Amendment 498 #
1. The best interests of the child shall be athe primary consideration for Member States with respect to all procedures provided for in this Regulation.
Amendment 499 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative, and the guardian must have received appropriate training in this area. Such a guardian shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors. Through implementing measures, the Commission shall lay down the requirements and procedures for the training of guardians.
Amendment 536 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter.
Amendment 547 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, provided that it is in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 555 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protectionis staying, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 584 #
Proposal for a regulation
Article 15
Article 15
Amendment 610 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 617 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
The Member State which decides to examine an application for international protection pursuant to this paragraph shall become the Member State responsible and shall assume the obligations associated with that responsibility. Where applicable, iIt shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of the applicant.
Amendment 621 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The Member State in which an application for international protection is made and which is carrying out the process of determining the Member State responsible may, at any time before a Member State responsible has been determined , or the Member State responsible, may, at any time before a decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds , even where that other Member State is not responsible under the criteria laid down in Articles 10 to 13 and 18. The persons concerned must express their consent in writing.
Amendment 623 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Cessation of responsibilities 1. Where a Member State issues a residence document to the applicant, the obligations specified in Article 20(1) shall be transferred to that Member State. 2. The obligations specified in Article 20(1) shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible. 3. The obligations specified in Article 20 (1)(c) and (d) shall cease where the Member State responsible can establish, when requested to take back an applicant or another person as referred to in Article 20 (1)(c) or (d), that the person concerned has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 773 #
Proposal for a regulation
Chapter 7 – title
Chapter 7 – title
Amendment 782 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionate number ofan applicant is present, in which he or she has submitted an applications for international protection for which it is the Member State responsible under this Regulationand who has no family ties in any EU Member State.
Amendment 788 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 150% of the reference number for that Member State as determined by the keyautomatically on the basis of the automated system referred to in Article 3544(1).
Amendment 805 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The automated system shall inform Member States, the Commission and the European Union Agency for Asylum once per weekyear of the Member States' respective shares in applications for which they are the Member State responsible.
Amendment 806 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 809 #
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
Amendment 812 #
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34 a Family reunification procedure 1. Where the applicant states that he or she has family links in one of the Member States, the Member State which has received the application for international protection shall, within 30 days of the registration of the application for international protection, carry out a check on the information provided by the applicant, before applying the allocation mechanism referred to in Article 34(1). 2. If, on the basis of that check, the applicant’s statements prove to be well- founded, the relevant Member State shall transfer the applicant to the Member State in which he or she has declared he or she has family links. 3. If the Member State to which the applicant is transferred ascertains that the applicant has made false declarations, that Member State shall apply the allocation mechanism referred to in Article 34(1).
Amendment 821 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For the purpose of the correctiveallocation mechanism, the reference number for each Member State shall be determined by a key.
Amendment 824 #
Proposal for a regulation
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) the size of the population (540 % weighting);
Amendment 828 #
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the total GDP (540% weighting);
Amendment 837 #
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) unemployment rate (20 %)
Amendment 854 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Where the threshold referred to in Article 34(2) is reached, tThe automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof.
Amendment 857 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsiblebecome responsible for examining the application for international protection.
Amendment 864 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation.
Amendment 868 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Determination of the Member State of allocation 1. On the basis of the reference key referred to in Article 35, the automatic system referred to in Article 44(1) shall indicate the Member State of allocation responsible for examining the application for international protection, taking into account the following criteria: (a) Member States which have received the lowest number of applications for international protection; (b) Applicant’s skills, including spoken language skills; (c) Applicant’s cultural and social ties.
Amendment 885 #
Proposal for a regulation
Article 37 – title
Article 37 – title
Amendment 887 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may, at the end of the three-month period after the entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not take part in the correctivThe allocation mechanism set out in Chapter VII of this Regulation as a Member Stateshall apply ofn allocation and notify th mandatory basis to theall Member States, the Commission and the European Union Agency for Asylum.
Amendment 894 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The automated system referred to in Article 44(1) shall in that case apply the reference key during this twelve- month period to those Member States with a number ofFailure to comply with the obligations arising from the applications for which of they are the Member States responsible below their share pursuant to Article 35(1), with the exception of the Member State which entered the information, as well as the benefitting Member State. The automated system referred to in Article 44(1) shall count each application which would have otherwise been allocated to the Member State which entered the information pursuant to Article 36(4) for the sharellocation mechanism referred to in Chapter VII shall result in the suspension of commitments and payments in relation to the national and regional operating programmes of thate Member State involved.
Amendment 902 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 911 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 918 #
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 974 #
Proposal for a regulation
Article 43
Article 43