43 Amendments of Fabio Massimo CASTALDO related to 2016/0223(COD)
Amendment 126 #
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, government departments should not be burdened and rules on status review should therefore be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised.
Amendment 142 #
Proposal for a regulation
Recital 8
Recital 8
(8) The further approximation of rules on the recognition and content of refugee and subsidiary protection status shcould moreover help to limit the secondary movement of applicants for international protection and beneficiaries of international protection between Member States, where such movement may have been caused by any differences in the national legal measures taken to transpose the Qualification Directive replaced by this Regulation.
Amendment 147 #
Proposal for a regulation
Recital 10
Recital 10
(10) Successful resettlement candidates should be granted international protection. Accordingly, the provisions of this Regulation on the content of international protection should apply, including the rules to discourage secondary movement.
Amendment 158 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When applying this Regulation, Member States' authorities should take into account operational standards, indicative guidelines, and best practices developed by the European Union Agency for Asylum [the Agency]. When assessing applications for international protection, Member States' authorities should take particular account of the information, reports, common analysis and guidance on the situation in countries of origin developed at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation34 _________________ 34. For the purpose of applying this Regulation the European Union Agency and the Member States should take into account the information provided by the UN High Commissioner for Refugees and non-governmental organisations (NGOs) active on the ground. _________________ 34 COM(2016)271 final. COM (2016) 271 final.
Amendment 168 #
Proposal for a regulation
Recital 16
Recital 16
(16) The notion of family members should take into account the different types of family that exist, the different particular circumstances of dependency and the special attention to be paid to the best interests of the child. It should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The notion should therefore include both families formed outside the country of origin, but before and those formed after their arrival on the territory of the Member State. The notion must exclude, however - under all circumstances - forced marriages.
Amendment 178 #
Proposal for a regulation
Recital 23
Recital 23
(23) Protection can be provided, where they are willing and able to offer protection, either by the State or by parties or organisations, including international organisations, meeting the conditions set out in this Directive, which control a region or a larger area within the territory of the State by the State, where it is willing and able to ensure protection. Such protection should be effective and of a non-temporary nature.
Amendment 183 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 193 #
Proposal for a regulation
Recital 26
Recital 26
(26) It is necessary, when assessing applications from minors for international protection, that the determining authorities should have regard to child-specific forms of persecution and exploitation of all kinds, or the lack of protection therefrom.
Amendment 201 #
Proposal for a regulation
Recital 29
Recital 29
(29) In accordance with relevant case law of the Court of Justice of the European Union, when assessing applications for international protection, the competent authorities of the Member States should use methods for the assessment of the applicant's credibility in a manner that respects the individual's rights as guaranteed by the Charter, in particular the right to human dignity and the respect for private and family life. Specifically as regards homosexual orientation and gender identity, the individual assessment of the applicant's credibility should not be based on stereotyped notions concerning homosexuals orientation and gender identity and the applicant should not be submitted to detailed questioning or tests as to his or her sexual practices.
Amendment 215 #
Proposal for a regulation
Recital 36
Recital 36
(36) As regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant, in accordance with relevant case law of the Court of Justice of the European Union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances. However, the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance. Moreover, the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin, provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian, returned to the country or origin or to the relevant part of country of origin, would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to the serious threat. _________________ 36International protection should also be granted, for the purposes of this Regulation, to individuals who are suffering a serious threat due to natural or man-made disasters. _________________ 36 C-465/07. C-465/07.
Amendment 228 #
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities shouldmay review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM (2016) 271 final.
Amendment 237 #
Proposal for a regulation
Recital 41
Recital 41
(41) When the refugee status or the subsidiarystatus of beneficiary of international protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renew the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.
Amendment 246 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order also to prevent secondary movements within the European Union, beneficiaries of international protection, if found in a Member State other than the Member State having granted them protection without fulfilling the conditions of stay or reside, should be taken back by the Member State responsible in accordance with the procedure laid down by Regulation41 _________________ 41 (EU) No [xxx/xxxx New Dublin Regulation].
Amendment 272 #
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit such rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should be given the possibility to make the access to certain types of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measures.
Amendment 280 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory, provided that they are free of charge, genuinely and easily accessible and that they take into account the special needs of beneficiaries of international protection.
Amendment 387 #
Proposal for a regulation
Article 7 – paragraph 1 – point b – paragraph 1
Article 7 – paragraph 1 – point b – paragraph 1
Amendment 393 #
Proposal for a regulation
Article 7 – paragraph 1 – point b – paragraph 2
Article 7 – paragraph 1 – point b – paragraph 2
provided they are willing and able to offerensure protection in accordance with paragraph 2.
Amendment 398 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 404 #
Proposal for a regulation
Article 8
Article 8
Amendment 436 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 1
Article 10 – paragraph 1 – point d – indent 1
– members share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, andor
Amendment 442 #
Proposal for a regulation
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2
Article 10 – paragraph 1 – point d – indent 2 – paragraph 2
depending on the circumstances in the country of origin, the concept might include as groups based on a common characteristic of sexual orientation (a term which cannot be understood to include acts considered to be criminal in accordance with national law of the Member States); gender relatedrelated to sexual orientation and gender aspects, including gender identity,; those aspects shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group;
Amendment 492 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. The determining authority shallmay revoke, end or refuse to renew the refugee status of a third-country national or stateless person where :
Amendment 523 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
In order to apply Article 14(1), the determining authority shallmay review the refugee status, in particular: where Union- level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant.
Amendment 528 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 533 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 546 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict., or
Amendment 550 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) a serious and individual threat to a civilian’s life or person by reason of a natural or man-made disaster.
Amendment 578 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. The determining authority shallmay revoke, end or refuse to renew the subsidiary protection status of a third- country national or a stateless person where:
Amendment 594 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
In order to apply Article 20(1), the determining authority shallmay review the subsidiary protection status, in particular where Union-level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant.
Amendment 598 #
Proposal for a regulation
Article 21 – paragraph a
Article 21 – paragraph a
Amendment 602 #
Proposal for a regulation
Article 21 – paragraph b
Article 21 – paragraph b
Amendment 613 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When applying the provisions of this ChapterRegulation that involve minors the best interests of the child shall be a primary consideration tofor the relevant authorities.
Amendment 628 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union.
Amendment 644 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Member States may decide that this aArticle also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin or before the applicant arrived on the territory of the Member States, and who were wholly or mainly dependent on the beneficiary of international protection at the time.
Amendment 648 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. NAs soon as possible and in any event no later than 30 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002.
Amendment 656 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee statusinternational protection, the residence permit shall have a period of validity of threfive years and be renewable thereafter for periods of threfive years.
Amendment 664 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
Amendment 673 #
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) where imperative reasons of national security or public order so require.
Amendment 685 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445. Those travel documents shall be valid for at least onfive years. _________________ 45 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1)
Amendment 688 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least onfive years.
Amendment 707 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Competent authorities, where necessary shall facilitate the full access to the activities referred to in paragraph (2)(c) and (d).
Amendment 723 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 767 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States may make participation in integration measures compulsory, provided that these actually readily accessible and free of charge and allow for the specific needs of beneficiaries of international protection.