3 Amendments of Cécile Kashetu KYENGE related to 2015/0211(COD)
Amendment 55 #
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance 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 does not dispense therefore with the need to conduct an appropriate individual examination of the application for international protection. In addition, it should be recalled that, 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 herAll applications should be considered on the applicants circumstances in the third country and where an applicant shows that there are serious reasons on grounds of race, ethnicity, religion or belief, sexual orientation, nationality, membership of a particular social group or political and social opinion or activities, 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. Due care must also be given to applicants from minority groups where burden of proof can violate their dignity or put them increased risk of danger and that all applicants have the right to an effective remedy in the case of a negative decision as well as lawfully remain on the territory pending such an appeal. In addition, procedures for returning asylum-seekers who do not meet the criteria must not violate the principle of non-refoulement.
Amendment 61 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should regularcontinually review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situor systematic breach to the rule of law or human rights violations including discrimination ofin a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations, and national or international non- governmental organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations with the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations, and national or international non-governmental organisations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Where sudden changes or instability in the democratic system and non-compliance with international human-rights treaties and non- discrimination legislation arise in a third country that is on the EU common list of safe countries of origin and imperative grounds of urgency so require, the procedure provided for in Article 3a(new) shall apply to delegated acts adopted pursuant to this Article.