20 Amendments of Brando BENIFEI related to 2015/0211(COD)
Amendment 23 #
Proposal for a regulation
Recital 5
Recital 5
(5) All Member States have signed and ratified the 1951 Geneva Convention Relating to the Status of Refugees and all Union measures are subject to the Charter of Fundamental Rights. 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 constitute per se a ground for inadmissibility of any asylum application. It does not dispense therefore with the need to conduct an appropriadequate and complete 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 her and the principle of non-refoulement therefore applies. The asylum seeker should have reasonable time to prove his/her situation and the possibility to appeal against a decision taken with accelerated procedures, in accordance with Article 46 of Directive 2013/32/EU. The applicant should be allowed to remain on the Member State's territory until the national authority has decided upon the appeal. The time limits should not render such exercise impossible or excessively difficult.
Amendment 25 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) There are cases where a country can be considered as generally free of persecution and serious harm but not in relation to certain parts of its territory, the members of a particular minority or for its female population. In such cases, the country could be included in the EU common list with reserve for such particular territories and/or people.
Amendment 26 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
Amendment 28 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should regularly reviewcontinuously monitor the situation in third countries that are on the EU common list of safe countries of origin and conduct reviews in this regard at least every six months. In case of sudden change for the worse in the situation of 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. The EU delegations in these countries should be tasked with monitoring for cases of refoulement and immediately report on any. 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 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 34 #
Proposal for a regulation
Recital 10
Recital 10
(10) As regards Albania, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in four out of 150 applicationcases. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 7,8% (1040) of asylum applications of citizens from Albania were well-founded. At least eight Member States have designated Albania as a safe country of origin. Albania has been designated as a candidate country by the European Council. At that time the assessment was that Albania fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Albania will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 36 #
Proposal for a regulation
Recital 11
Recital 11
(11) As regards Bosnia and Herzegovina, its Constitution provides the basis for the sharing of powers between the country's constituent peoples. The legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in five out of 1196 applicationcases. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 4,6% (330) of asylum applications of citizens from Bosnia and Herzegovina were well-founded. At least nine Member States have designated Bosnia and Herzegovina as a safe country of origin.
Amendment 38 #
Proposal for a regulation
Recital 12
Recital 12
(12) As regards the former Yugoslav Republic of Macedonia, the legal basis for protection against persecution and mistreatment is adequately provided by principle substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in six out of 502 applicationcases. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 0,9% (70) of asylum applications of citizens of the former Yugoslav Republic of Macedonia were well-founded. At least seven Member States have designated the former Yugoslav Republic of Macedonia as a safe country of origin. The former Yugoslav Republic of Macedonia has been designated as a candidate country by the European Council. At that time the assessment was that the former Yugoslav Republic of Macedonia fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and the former Yugoslav Republic of Macedonia will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 41 #
Proposal for a regulation
Recital 14
Recital 14
(14) As regards Montenegro, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 1 out of 447 applicationscase. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 3,0 % (40) of asylum applications of citizens of Montenegro were well-founded. At least nine Member States have designated Montenegro as a safe country of origin. Montenegro has been designated as a candidate country by the European Council and negotiations have been opened. At that time the assessment was that Montenegro fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Montenegro will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 43 #
Proposal for a regulation
Recital 15
Recital 15
(15) As regards Serbia, the Constitution provides the basis for self-governance of minority groups in the areas of education, use of language, information and culture. The legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 16 out of 11 490 applicationcases. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 1,8% (400) of asylum applications of citizens from Serbia were well-founded. At least nine Member States have designated Serbia as a safe country of origin. Serbia has been designated as a candidate country by the European Council and negotiations have been opened. At that time the assessment was that Serbia fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Serbia will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 49 #
Proposal for a regulation
Recital 16
Recital 16
(16) As regards Turkey, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 94 out of 2899 applicationcases. There are no indications of any incidents of refoulement of its own citizens. The current situation in Turkey, however, calls for caution. In 2014, Member States considered that 23,1 % (310) of asylum applications of citizens of Turkey were well-founded. Only one Member State has designated Turkey as a safe country of origin. Turkey has been designated as a candidate country by the European Council and negotiations have been opened. At that time the assessment was that Turkey fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Turkey will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report. Both several reported violations of freedom of expression and the ongoing armed conflict in the eastern and south-eastern regions of Turkey involving the Kurdish minority should be taken into account in the assessment of Turkey's current compliance with the criteria set out in Directive 2013/32/EU. On the basis of the situation on the ground, the concept of "safe country of origin" may not be applied to Turkish applicants who can demonstrate that they have been resident in these regions.
Amendment 63 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. In accordance with the ordinary legislative procedure, it can be decided to designate part of a country as safe, or a country or part of a country as safe for a specified group of persons.
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin twice a year, based on a range of sources of information, including in particular regular reporting from the EEAS and the Union delegations in these countries, as well as information from Member States, EASO, UNHCR, FRA, the Council of Europe and other relevant international organisations. It shall keep the European Parliament properly informed, in a timely manner.
Amendment 67 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Any amendment of the EU common list of safe countries of origin, including a designation of part of a country as safe, or a country or part of a country as safe for a specified group of persons in that country, shall be adopted in accordance with the ordinary legislative procedure.
Amendment 69 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 3 to suspend the presence of a third country from the EU common list of safe countries of origin without delay. Within three months after the suspension, the Commission shall submit a legislative proposal to amend the Regulation in order to remove the third country from the EU common list. The redesignation of the country in question shall require the adoption of an amendment, in line with the ordinary legislative procedure.
Amendment 70 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. The European Parliament and/or the Council may invite the Commission to present a proposal for the inclusion in or the exclusion of a country from the EU common list of safe countries of origin.
Amendment 75 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of sudden changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, i. If those conditions are no longer met, it shall adopt within a reasonable period of time consistent with the urgency of the situation on the ground, in accordance with Article 290 TFUEU, a Decision suspending the presence of that third country from the EU common list for a period of one year.
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 1 – point -1 (new)
Article 4 – paragraph 1 – point -1 (new)
(-1) Article 25(6)(a)(i) is deleted.
Amendment 83 #
Proposal for a regulation
Article 4 – paragraph 1 – point -1 a (new)
Article 4 – paragraph 1 – point -1 a (new)
(-1a) Article 25(6)(b)(i) is deleted.
Amendment 84 #
Proposal for a regulation
Article 4 – paragraph 1 – point -1 b (new)
Article 4 – paragraph 1 – point -1 b (new)
Directive 2013/32/EU
Article 31 – paragraph 8 – point b
Article 31 – paragraph 8 – point b
(-1b) Article 31(8)(b) is replaced by the following: (b) the applicant is from a safe country of origin within the meaning of this Directive; or, except where Article 36(3) applies.
Amendment 87 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)
Article 4 – paragraph 1 – point 1 a (new)
(1a) In Article 36, a new paragraph 2a is added: ‘2a. Member States shall not apply the concept of "safe country of origin" when the applicant is a vulnerable person as listed in Article 20.3 of Directive 2011/95/EU.’