9 Amendments of Sergei STANISHEV related to 2016/0133(COD)
Amendment 197 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Member State which is determined as responsible under this Regulation should remain responsible for examination of each and every application of that applicant, including any subsequent application, within a 24 month period, in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whetherand provided that the applicant has not left or was removed from the territories of the Member States. Provisions in Regulation (EU) 604/2013 which had provided for the cessation of responsibility in certain circumstances, including when deadlines for the carrying out of transfers had elapsed for a certain period of time, had created an incentive for absconding, and should therefore be removedto the country of origin or has not been removed from the territory of the Member State.
Amendment 222 #
Proposal for a regulation
Recital 32
Recital 32
(32) A reference key based on the size of the population and of the economy of the Member States 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 pressure. The reference key should be corrected by reducing the share for the following year by 20% of the difference between the share based on GDP and population and the average number of irregular arrivals recorded by the Member State over the last three years, for countries which in the last three years have received an average share of irregular arrivals higher than the determined based on size of population and the economy of the Member States. 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 1500% of the figure identified in the reference key. The corrective allocation should cease to apply when the number of applicants for which a Member State is responsible drops below 75% of the figure identified in the reference key. Member States located at external land or sea borders on the Western Mediterranean, Central Mediterranean and Eastern Mediterranean routes should be exempted from obligations of taking responsibility for allocated applications under the corrective mechanism from any other Member State. 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 350 #
Proposal for a regulation
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) 'Arrivals' means 'applicants' as defined in Article 2 (1) c, as well as third- country nationals or stateless persons who have irregularly entered the territory of a Member State and have not made an application for international protection.
Amendment 390 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Member State which has examined an application for international protection, including in the cases referred to in paragraph 3, shall be responsible for examining any further representations or a subsequent application of that applicant within a 24 month period in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whether and provided that the applicant has not left or wasto the country of origin or has not been removed from the territoriesy of the Member States.
Amendment 591 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease 24 months after the date on which the irregular border crossing took place.
Amendment 798 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. Where a Member State is located at external land or sea borders on the Western Mediterranean, Central Mediterranean and Eastern Mediterranean routes this Member State should be exempted from obligations of taking responsibility for allocated applications under the corrective mechanism from any other Member State.
Amendment 800 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The reference number of a Member State shall be determined immediately after all Member States have entered the data referred to in Article 34 a by applying the key referred to in Article 35 to the total number of applicationrrivals as well as the total number of resettled persons that have beenand updated annually on the basis of data entered by the respective Member States responsible in the automated system during the preceding 12 months.
Amendment 811 #
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34 a Upon first use of the system Member States should enter, at the latest by the end of the transitional period referred to in Article 53, their current total number of applicants, as well as third-country nationals or stateless persons who have irregularly entered the territory of a Member State and have not made an application for international protection. Subsequently Member States shall enter the total number of irregular arrivals on a continuous basis.
Amendment 843 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 (new)
Article 35 – paragraph 2 – subparagraph 1 (new)
The reference key shall be corrected by reducing the share for the following year by 20% of the difference between the share based on GDP and population and the average number of irregular arrivals recorded by the Member State over the last three years, for countries which in the last three years have received an average share of irregular arrivals higher than that determined on the basis of (a) and (b).