37 Amendments of Miriam DALLI related to 2016/0133(COD)
Amendment 141 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 183 #
(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 them and of the possibility of presenting all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.
Amendment 202 #
Proposal for a regulation
Recital 27
Recital 27
(27) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and which shall fully respect the person's fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.
Amendment 230 #
Proposal for a regulation
Recital 32
Recital 32
(32) A 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 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 whichorder to implement the principles of solidarity and fair sharing of responsibility on asylum among Member States enshrined in Article 80 TFEU. The application of the allocation mechanism should be permanent and automatic, whenever a Member State is responsible exceeds 150% of the figurcould not be identified in the reference keytermined according to the criteria set out in Chapter III and IV of this Regulation. 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 which the Member State is responsible, for the purposes of this calculation.
Amendment 240 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 283 #
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 allocation 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 286 #
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 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor childrensons and daughters 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 353 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III, IV and VII indicate is responsible.
Amendment 358 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining itshall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 364 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III or to the first Member State with which the application was lodged, the determining Member State shall become the Member State responsible, the Member State responsible shall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 371 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 385 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 453 #
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 470 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 482 #
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. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 487 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 501 #
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 relevantall 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 representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leafletinformation materials for unaccompanied minors. The guardian shall be appointed as soon as possible, but at the latest within five days from the making of the application.
Amendment 518 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. the need for decisions concerning children to be treated with priority;
Amendment 527 #
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 535 #
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 III, IV and VII of this Regulation.
Amendment 571 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) responsibility for examining the applications for international protection of all the family members and/or minor unmarried siblings shall lie with the Member State which the criteria indicate is responsible for taking charge of the largest number of them;
Amendment 587 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 596 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Where it is established, on the basis of proof or circumstantial evidence, that an applicant has crossed the border into the Member State where the application was lodged having come through another Member State, the Member State responsible for examining the application for international protection shall be determined in accordance with the procedure in Article 24a.
Amendment 601 #
Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be determining the Member State responsible for examining the application according to the criteria set out in Chapter III, IV and VII..
Amendment 602 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Centralised allocation mechanism When it is not possible to determine a Member State responsible according to the previous criteria under Chapters III and Articles 18, 18a and 19 do not apply, the Member State responsible shall be determined with the allocation mechanism set out in Chapter VII of this Regulation.
Amendment 681 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
If none of the criteria set out in Chapter III and IV apply, the determining Member State should determine the Member State responsible with the allocation mechanism according to the procedure laid down in Chapter VII.
Amendment 686 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with the Member State in whichbe determined by the applillocation was lodgedmechanism under Chapter VII.
Amendment 764 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. As regards the detention conditions, which shall fully respect the person´s fundamental rights, and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.
Amendment 770 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The costs necessary to transfer an applicant or another person as referred to in Article 20(1)(c), (d) or (ed) to the Member State responsible shall be met by the transferring Member Stategeneral budget of the Union.
Amendment 771 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
Amendment 780 #
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 ofall the applications for which a Member Sstate, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation responsible could not be determined according to the criteria set out in Chapter III and IV of this Regulation, and also in the cases in which Article 24a applies.
Amendment 787 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 807 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 972 #
Proposal for a regulation
Article 43
Article 43
Amendment 991 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 1001 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following3), after the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the period which has elapsed since the entry into force of this Regulation.