39 Amendments of Elissavet VOZEMBERG-VRIONIDI related to 2016/0224(COD)
Amendment 81 #
Proposal for a regulation
Recital 39a
Recital 39a
(39a) ‘In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States shouldmay accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country. WhereBy way of exception , the examination procedure should not be accelerated when a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into accounton the basis of the guidance note pursuant to Article 10 of Regulation XX/XX on the European Asylum Agency, or where the. An applicant who belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be acceleratedshould also be exempt from the accelerated examination procedure, including after it has begun, where the competent authorities find that the grounds for such a procedure do not apply. Vulnerability of applicants should be assessed throughout the border procedure and where applicable cause the exclusion from the border procedure. Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure.
Amendment 112 #
Proposal for a regulation
Recital 40b a (new)
Recital 40b a (new)
(40b a)Prior to the examination of the merits of an application for international protection, the Member State in which the application has been registered should determine the Member State responsible under Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management].
Amendment 128 #
Proposal for a regulation
Recital 40d
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply it for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that caseMember States might not subject nationals of a third country that does not cooperate sufficiently on readmission to the border procedures , since it would be unlikely in that case that the persons concerned could be swiftly returned following rejection of their applications during the border procedure for the examination of applications for international protection. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.
Amendment 195 #
Proposal for a regulation
Recital 66d a (new)
Recital 66d a (new)
(66d a)The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. To this end, the Commission should make use of its power to initiate a monitoring exercise by the European Asylum Agency in accordance with Article 14 (2) of [EUAA Regulation].
Amendment 215 #
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
(i) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’.
Amendment 224 #
Proposal for a regulation
Article 40 – point b – paragraph 5 – point c
Article 40 – point b – paragraph 5 – point c
(c) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’.
Amendment 264 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Member State shallmay examine an application in a border procedure in the cases referred to in paragraph 1 where the circumstances referred to in Article 40(1), point (c), (f) or (i), apply.
Amendment 298 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enterllowed to move freely within the territory of the Member State, without prejudice to paragraphs 9 and 11. In accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast], a Member State shall take proportionate measures to ensure that applicants in the border procedure shall not be allowed to move freely within their territory and shall not decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures. Validation of detention shall be applied according to the Member State legislation.
Amendment 304 #
Proposal for a regulation
Article 41 – paragraph 6 a (new)
Article 41 – paragraph 6 a (new)
6a. In accordance with Article 8(2) of Directive XXX/XXX/EU [Reception Conditions Directive recast] and Directive XXX/XXX/EU [Return Directive recast], Member States may hold an applicant in detention as part of the border procedure provided that it proves necessary following an individual assessment of that applicant’s case and that other less coercive alternative measures cannot be applied effectively. The decision to hold an applicant in detention shall be made under the guarantees set out in Article 9 of Directive XXX/XXX/EU [Reception Conditions Directive recast], and the detention period shall be proportionate and terminated as soon as the grounds for it no longer apply. In accordance with Article 7 of Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States may restrict applicants’ freedom of movement in order to process applications in the border procedure. Member States shall use the alternatives to detention laid down in their national law in accordance with Article 8(4) of Directive XXX/XXX/EU [Reception Conditions Directive recast] that are effectively available where the grounds for detention apply, in particular for specific groups such as minors or families.
Amendment 309 #
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. When applying the border procedure to an applicant for international protection, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], without prejudice to the deadlines established in paragraph 11
Amendment 344 #
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 1
Article 41 – paragraph 11 – subparagraph 1
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. Following that period, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicable.
Amendment 385 #
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where, on the capacity of thebasis of a competent national authority of the Member State concerned, it is found that the capacity of a location as notified by that Member States pursuant to paragraph 143 is temporarily insufficient to process the applicants covered by paragraph 3, that Member States may designate other locations within theits territory of the Member State and, upon notification to the Commission, shall accommodate applicants there, on a temporary basis and for the shortest , under the conditions provided for in Directive XXX/XXX/EU [Reception Conditions Directimve nrecessaryast].
Amendment 415 #
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 1520 days and shall cooperate with competent authorities.
Amendment 439 #
Proposal for a regulation
Article 41 b (new)
Article 41 b (new)
Article 41b Staff in the border procedure 1. Member States shall ensure that their staff who engage in the border procedure have been provided with an appropriate level and training in all circumstances. Member States shall ensure that applicants have effective access to non-governmental organisations in facilities used for the purposes of a border procedure. 2. Where requested by a Member State, Union bodies, offices and agencies shall provide it with rapid and tailored support in the border procedure as specified in Article 57a, in particular where that Member State experiences a significant increase of applications.
Amendment 523 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall provide the determining authority with appropriate means, including sufficient competent personnel to carry out its tasks in accordance with this Regulation. For that purpose, each Member State shall regularly assess the needs of the determining authority to ensure that it is always in a position to deal with applications for international protection in an effective manner, particularly when receiving a disproportionate number of simultaneous applications.
Amendment 530 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Amendment 543 #
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. TIn case of a disproportionate number of applications, the determining authority of the Member State responsible may be assisted for the purpose of receiving, registering, lodging and examining applications for international protection and in full respect of its national law by:
Amendment 547 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
Amendment 551 #
Proposal for a regulation
Article 5 – paragraph 4 – point b a (new)
Article 5 – paragraph 4 – point b a (new)
(b a) The experts deployed by the European Union Agency for Asylum will be subject to the standard operating procedures and the hierarchy of the determining authority of the assisted Member State.
Amendment 569 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The applicant shall make and lodge his or her application in the Member State of first entry or, where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 of Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 601 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Where it is necessary for the examination of an application, the applicant may be required by the responsible authorities to be searched or have his or her items searched in accordance with national law. Without prejudice to any search carried out for security reasons, a search of the applicant's person under this Regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity.
Amendment 619 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point h
Article 8 – paragraph 2 – subparagraph 1 – point h
(h) the outcome of the decision of the determining authority, the reasons for that decisrejection of the application, as well as the consequence of a decision refusing to grant international protection and the manner in which to challenge such a decision.
Amendment 629 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The determining authority shall provide applicants with the services of an interpreter for submitting their case to the determining authority as well as to courts or tribunals whenever appropriate communication cannot be ensured without such services. The interpretation services shall be paid for from public fundfree for applicants.
Amendment 665 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. A Member State may extradite an applicant to a third country pursuant to paragraph 3(b) only where the determining authority is satisfied that an extradition decision will not result in direct or indirect refoulement in breach of the international and Union obligations of that Member State.
Amendment 690 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) or experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b) in case of a disproportionate number of applications after request by the national authority.
Amendment 695 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant, the determining authority may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) and experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b), to conduct such interviews after request by the national authority.
Amendment 739 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. The applicant shall be informed of his or her right to request free legal assistance and representation at allthe stages of the appeal procedure.
Amendment 749 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. For the purposes of the administrativeppeal procedure, the free legal assistance and representation shall, at least, include:
Amendment 756 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 877 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be paid for from public fundfree for applicants.
Amendment 929 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – introductory part
Article 27 – paragraph 1 – subparagraph 1 – introductory part
The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than threen working days from when it is made. They shall register also the following information:
Amendment 952 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant shall lodge the application within ten working daysone month from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.
Amendment 1009 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1
Article 30 – paragraph 3 – subparagraph 1
Organisations and persons accredited under national law for providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.
Amendment 1124 #
Proposal for a regulation
Article 34 – paragraph 5 – subparagraph 1 – point a
Article 34 – paragraph 5 – subparagraph 1 – point a
(a) conduct reviews of the situation in that country of origin at least every two months; these reviews will be undertaken from competent bodies at EU level.
Amendment 1204 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of onthree months from the date when the written notice is sent.
Amendment 1265 #
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
Amendment 1316 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. After a previous application had been rejected by means of a final decision, any further application made by the same applicant in anythe same Member State shall be considered to be a subsequent application by the Member State responsible, unless an effective removal has taken place.
Amendment 1333 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible, or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success.
Amendment 1345 #
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) a second or further subsequent application is made in anythe same Member State following a final decision rejecting a previous subsequent application as inadmissible, unfounded or manifestly unfounded.