15 Amendments of Nikos ANDROULAKIS related to 2016/0133(COD)
Amendment 36 #
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population, the economy and of the economyunemployment 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 which a Member State is responsible exceeds 15075% of the figure identified in the reference key. 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. As soon as this mechanism has been activated, all take back requests should be suspended.
Amendment 63 #
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. Member States shall instruct their diplomatic representations in third countries to consider applications for international protection in order to avoid excessive pressure on the asylum systems of frontline Member States. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III indicate is responsible.
Amendment 78 #
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 in accordance with Article 40, 41 and 42 of Directive 2013/32/EU, irrespective of whetherunless the applicant has left or was removed from the territories of the Member States for one year or more.
Amendment 115 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 67(2) and 78(2)(e) thereof,
Amendment 116 #
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
Having regard to the European Union Charter of Fundamental Rights, and in particular Article 18 thereof;
Amendment 122 #
Proposal for a regulation
Recital 5
Recital 5
(5) Such a method should be based on the principle of solidarity and objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.
Amendment 137 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 140 #
Proposal for a regulation
Recital 16
Recital 16
(16) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family lifeprivate and family life, as well as for the principle of non-discrimination, should be a primary consideration of Member States when applying this Regulation.
Amendment 152 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 15075% of the reference number for that Member State as determined by the key referred to in Article 35.
Amendment 154 #
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
6. Upon the notification referred to in paragraph 5, the allocation mechanism shall apply and all take charge or take back requests for that Member State shall be suspended.
Amendment 161 #
Proposal for a regulation
Article 37
Article 37
Amendment 166 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below 15075 % of its share pursuant to Article 35(1).
Amendment 349 #
Proposal for a regulation
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) "temporary reception centers" means the centres set up pursuant to article 3-bis, paragraph 2, point c), and paragraph 3, in which international protection applicants will be accommodated pending their transfer to the Member State responsible for examination of their application;
Amendment 351 #
Proposal for a regulation
Article 2 – paragraph 1 – point r b (new)
Article 2 – paragraph 1 – point r b (new)
(rb) «third State' receiving office» means all those Offices outside the territories of the Member States of the European Union qualified to receive the international protection applications pursuant article 3-bis, paragraph 1, points a) e b).
Amendment 391 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Article 3-bis Presentation of international protection applications 1. International protection applications may also be lodged: a) at the dedicated "International Protection Application Offices" that the European Commission may establish pursuant to a bilateral agreement with a third country, in refugee camps situated in countries adjacent to countries in conflict or in countries from which there is a massive exodus of persons who aspire to international protection status. At the time of establishment of such offices, the Commission: i. shall consult the Council and Political and Security Committee in order to guarantee co-ordination with the activity of EU Delegations for management of the crises which may be occurring on the territory of that third country State; ii. agree with the Member States the sufficient recruitment mechanisms to find the qualified human resources needed for execution of the tasks of the said offices. b) at the offices of EU Delegations or diplomatic Representatives of Member States previously identified by the Commission, in agreement with the European structure to which the Delegation or Member State responds. 2. The European Union shall make appropriate bilateral agreements with third countries in which the office is to be established for the institution of "International Protection Application Offices" referred to at 3 paragraph, point c) above. Such bilateral agreements shall relate to: a) the ability to establish the office; b) the legal status of the EU personnel assigned to that office; c) the creation of temporary reception centres at the offices for applicants awaiting their transfer to the European Union; d) any co-operation with other international entities or bodies or N.G.O's for the management of temporary reception centres referred to at letter c); e) the ability to create humanitarian corridors via air, sea or land transport for applicants from the temporary reception centre to the territory of the European Union; f) the willingness of the third country to accept the return of applicants coming from that Centre in the event of final refusal of their application for international protection. 3. Similar agreements to those set forth in paragraph 2 may be reached by the European Union with third countries where EU Delegations or Member State diplomatic representatives are established, as identified pursuant to art. 3.1.d).