30 Amendments of Helga STEVENS related to 2017/2270(INL)
Amendment 10 #
Motion for a resolution
Recital A
Recital A
A. whereas despite numerous announcements and requests for safe legal pathways for persons seekrequiring international protection there is currently no legal framework at European level for humanitarian visas, i.e. visas issued for the purpose of reaching the territory of the Member States in order to seekobtain international protection;
Amendment 32 #
Motion for a resolution
Recital F
Recital F
F. whereas both Council and the Commission have rejected these amendments, on the ground, among others, that, under the case law established by the European Court of Justice, such provisions should not be included in the Visa Code, given its scope covering short- stay visas only;
Amendment 36 #
Motion for a resolution
Recital G
Recital G
G. whereas Parliament, faced with the Commission’'s inaction, haslegal arguments and the Council's political arguments, therefore decided to proceed with drawing up this legislative own-initiative report on humanitarian visas; in exchange for progress regarding the Visa Code; whereas, however, the Visa Code negotiations finally foundered on provisions regarding European humanitarian visas that the S&D Group refused to abandon;
Amendment 41 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that Commission submitexamine, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union, whether a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out in the Annex to this resolutionhas a real added value over and above the pooling of national efforts initially sought by [the new regulation establishing a Union resettlement framework or] Directive 2001/55/ EC, using national humanitarian visas, or in accordance with Article 25(1)(a)(i) of the European Visa Code (810/2009/EC) and Article 5(4)(c) of the Schengen Borders Code (562/2006/EC);
Amendment 54 #
Motion for a resolution
Annex I – paragraph 1 – subheading 1
Annex I – paragraph 1 – subheading 1
Amendment 55 #
Motion for a resolution
Annex I – paragraph 1 – indent 1
Annex I – paragraph 1 – indent 1
Amendment 57 #
Motion for a resolution
Annex I – paragraph 1 – indent 2
Annex I – paragraph 1 – indent 2
– may have Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union as legal basis,
Amendment 60 #
Motion for a resolution
Annex I – paragraph 1 – indent 3 – introductory part
Annex I – paragraph 1 – indent 3 – introductory part
– be justified byit must be examined whether:
Amendment 62 #
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 1
Annex I – paragraph 1 – indent 3 – subi. 1
– the currenta legal gap exists in Union law which does not foresee clear procedures, neither in the visa, nor in the borders or asylum acquis, for the admission to the territory of the Member States of persons seeking protection, with an estimated 90 % of the persons subsequently being recognised as refugees and beneficiaries of subsidiary protection reaching the territory of the Member States irregularly,1often through life-threatening routes, _________________ 1HEIN / DONATO (CIR) 2012: exploring avenues for protected entry in Europe, p. 17 and whether the sealing of this gap would constitute a real added value,
Amendment 64 #
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 2
Annex I – paragraph 1 – indent 3 – subi. 2
– the risk of fragmentation as Member States increasingly set up their own programmes of humanitarian admission and procedures, going against the general aim under Article 78(1) of the Treaty on the Functioning of the European Union to develop a common policy on asylum and subsidiary and temporary protection, and leading also to the risk that these different schemes undermine the uniform application of the common provisions on entry to the territorywhich logically follows from the exclusive competence of the Member States ofto decide which third- country nationals as laid down in the Schengen Borders Codemay enter their territory,
Amendment 67 #
Motion for a resolution
Annex I – paragraph 1 – indent 3 – subi. 4
Annex I – paragraph 1 – indent 3 – subi. 4
– the added value of Union action, in terms of ensuring compliance with Union values, including fundamental rights, mutual trust between Member States and confidence in the system by asylum seekers, legal certainty, foreseeability, and the similar application and implementation of the rules, the achievement of economies of scale, and the reduction of the above-cited costs of the status quocurrent Union approach, under which every illegal entry is rewarded with the possibility of starting an asylum procedure, leading to life- threatening situations by encouraging individuals or entire families to board rickety vessels and brave the Mediterranean Sea in the (often vain) hope of obtaining right of residence in the Union, even if they were already safely established in a third country,
Amendment 70 #
Motion for a resolution
Annex I – paragraph 1 – indent 4
Annex I – paragraph 1 – indent 4
– recall that the so-called Asylum Procedures2 Directive2 and Dublin Regulation3 only apply on the territory of the Member States, while there is, at present, noa regular means for asylum applicants to reach the territory where these instruments apply, subject to the prior consent of the host Member State, _________________ 2 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 3 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the 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 (OJ L 180, 29.6.2013, p. 31).
Amendment 78 #
Motion for a resolution
Annex I – paragraph 1 – indent 5
Annex I – paragraph 1 – indent 5
– may have as an objective to lay down provisions on the procedures and conditions for issuing a humanitarian visa to persons seekdeserving international protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application forobtaining international protection in that Member State,
Amendment 81 #
Motion for a resolution
Annex I – paragraph 1 – indent 6
Annex I – paragraph 1 – indent 6
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014, and who are in need of protection against a real risk of being exposed to persecution or serious harm, as defined in Directive 2011/95/EU5, in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who, are not covered by [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6, _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 Diside from the question of recognition as refugees, are not already recteive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in ing sufficient protection in the first country of asylum under article 33(2)(b) in conjunction with Article 35(b) of the current Asylum Procedures Direcetiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).e (Directive 2013/32/EU),
Amendment 90 #
Motion for a resolution
Annex I – paragraph 1 – indent 8
Annex I – paragraph 1 – indent 8
– provide for admissibility criteria for such visa applications, including the filling out of an application form, the provision of information on the applicant’s identity in the form of identity papers, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecution or serious harm,
Amendment 97 #
– provide that the applicant for such a visa may be invited to an interview, which may also be conducted by remote means of audio and video communication, which ensure an appropriate level of safety, security and confidentiality,
Amendment 104 #
Motion for a resolution
Annex I – paragraph 1 – indent 11
Annex I – paragraph 1 – indent 11
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm without conducting a full status determination processin their country of origin and whether the applicants were already safe in a transit country in accordance with Article 33 et seq. of the Asylum Procedures Directive (Directive 2013/32/EU),
Amendment 107 #
Motion for a resolution
Annex I – paragraph 1 – indent 11 a (new)
Annex I – paragraph 1 – indent 11 a (new)
– whereas a list of safe first countries of asylum within the meaning of Article 33 et seq. of the Asylum Procedures Directive (Directive 2013/32/EU) must be drawn up in advance; whereas Turkey, Lebanon and Jordan at least should be counted among such safe transit countries, save in exceptional situations where individual applicants may not receive appropriate treatment on entry because of factors such as their ethnic or cultural background, state of health, etc.,
Amendment 111 #
Motion for a resolution
Annex I – paragraph 1 – indent 13
Annex I – paragraph 1 – indent 13
Amendment 114 #
Motion for a resolution
Annex I – paragraph 1 – indent 14
Annex I – paragraph 1 – indent 14
Amendment 117 #
Motion for a resolution
Annex I – paragraph 1 – indent 15
Annex I – paragraph 1 – indent 15
Amendment 120 #
Motion for a resolution
Annex I – paragraph 1 – indent 16
Annex I – paragraph 1 – indent 16
Amendment 126 #
– provide that once a humanitarian visa is issued it allows its holder to enter the territory of the Member State issuing the visa for the sole purpose of making an application forobtaining provisional international protection in that Member State,
Amendment 130 #
Motion for a resolution
Annex I – paragraph 1 – indent 19
Annex I – paragraph 1 – indent 19
Amendment 137 #
Motion for a resolution
Annex I – paragraph 1 – indent 23
Annex I – paragraph 1 – indent 23
– provide that information on the procedures and conditions of such a visa as well as about the conditions and procedures to obtain international protection in the territory of the Member States be made widely available, including on the websites of the Member States’ embassies and consulates and via the European External Action Service,
Amendment 138 #
Motion for a resolution
Annex I – paragraph 1 – indent 24
Annex I – paragraph 1 – indent 24
Amendment 145 #
Motion for a resolution
Annex I – paragraph 1 – indent 25
Annex I – paragraph 1 – indent 25
– where a final legislative proposal is forthcoming, be evaluated after two years from the start of its application in view of deciding on a further progressive roll-out to cover ultimately all relevant refugee- producing third countriesor abolition,
Amendment 148 #
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 1
Annex I – paragraph 1 – indent 27 – subi. 1
– the Visa Code to clarify that for persons seeking international protection other provisions of the act establishing a European Humanitarian Visa apply,
Amendment 151 #
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 3
Annex I – paragraph 1 – indent 27 – subi. 3
Amendment 155 #
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 5
Annex I – paragraph 1 – indent 27 – subi. 5