39 Amendments of Hilde VAUTMANS related to 2016/0133(COD)
Amendment 5 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to prevent applicants whose applications are inadmissible, or who are unlikely to require international protection, from undertaking a potentially dangerous journey from their country of origin to a Member State, the European Union Agency for Asylum, in cooperation with the Commission and the Member States, should ensure that potential migrants are informed about the legal entry routes into the Union and the risks of illegal migration.
Amendment 21 #
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor firstis present and has lodged his or her application for international protection, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise.
Amendment 49 #
Proposal for a regulation
Recital 42
Recital 42
(42) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. This network should be able to collaborate with the authorities of transit countries and countries of origin as well as with international organisations, in particular the United Nations Agencies and non- governmental organisations.
Amendment 50 #
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. In this regard, the Commission should publish at regular intervals the number of applications for international protection received in each Member State, including the positive response rate, the origin of the applicants and the processing time for each application.
Amendment 96 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Where necessary for the proper understanding of the applicant, the information shall also be supplied orally, for example in connection with the personal interview as referred to in Article 7. Whenever the applicant is a minor, he or she shall be informed in a child- friendly manner.
Amendment 101 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The best interests of the child shall be assessed on a systematic basis and shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation.
Amendment 104 #
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 representative represents and/or assists the unaccompanied minor with respect to the relevant procedures provided for in this Regulation. The representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors. Upon arrival, a well-trained guardian shall be appointed immediately.
Amendment 116 #
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
All applications for international protection and requests for family reunification of unaccompanied minors shall be treated with priority. For the purpose of applying Article 10, the Member State where the unaccompanied minor lodged an application for international protection shall, as soon as possible, take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 119 #
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 3
Article 8 – paragraph new5 – subparagraph 3
The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors. This includes modules on risk assessment to target care and protection depending on the individual needs of the child, with a specific focus on early identification of victims of trafficking and abuse, and training on good practices to prevent disappearance.
Amendment 127 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor firstis present and has lodged his or her application for international protection, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 148 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When there is a significant risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. When the person concerned is a minor, he or she shall not be detained.
Amendment 159 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion, if this is in their best interests. In order to discourage secondary movements and unnecessary transfers of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative legally present in the territory of a Member State, the Member State responsible should be that wherein which the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not beis present, provided that this is in the best interests of the childminor. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise, which shall involve his or her guardian and legal advisor or counsellor.
Amendment 172 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered. Such restrictions in the reception conditions shall not apply to vulnerable groups, such as unaccompanied minors and families with children.
Amendment 270 #
Proposal for a regulation
Recital 47
Recital 47
(47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent personsthe modalities and periodicity for providing applicants with information on the status of the procedure; of rules on the qualifications of and training for guardians and the modalities for their engagement with other actors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of standard operating procedures for cross-border cooperation among Member States regarding the assessment of the best interests of the child, family tracing and the identification of family members, siblings, relatives or any other family relations of an unaccompanied minor and for assessing the capacity of a relative to take care of an unaccompanied minor; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of rules concerning the modalities for the handover from guardian to guardian in the case of transfers; of uniform conditions and practical arrangements for the exchange of information on a person’'s health data before a transfer, and of secure electronic transmission channels for the transmission of requests..
Amendment 274 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to provide for supplementary rules, 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 the identification of family members orperiodicity and modalities for providing information to applicants on the status of the procedures under this Regulation concerning them, the identification of family members, relatives or any other family relativeons of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person; and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 8 of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. .
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the unmarried minor children 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 308 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2 a (new)
Article 2 – paragraph 1 – point g – indent 2 a (new)
- the dependent married minor children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under national law;
Amendment 314 #
- when the applicant is a minor and married, the father or mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4 a (new)
Article 2 – paragraph 1 – point g – indent 4 a (new)
- when the beneficiary of international protection is a minor and married, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 419 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present. This paragraph shall not apply to minors and families with children.
Amendment 447 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) of the purpose of the personal interview pursuant to Article 7 and the obligation of submitting and substantiating information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such informations well as the type of elements, information and evidence that the applicant will be asked to submit for the purpose of determining responsibility, including for the application of the discretionary clauses;
Amendment 485 #
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 and, when the applicant is a minor, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 491 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information provided in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 496 #
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
Amendment 500 #
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 leaflet for unaccompanied minorsinformation materials for unaccompanied minors. The guardian shall be appointed no later than five days from the moment when an unaccompanied minor arrives in the Member State.
Amendment 505 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific leaflets for unaccompanied minors and the forms provided for in Article 8. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the status of the procedures under this Regulation concerning them. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 508 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 510 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 512 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) situations of vulnerability, including trauma, specific health needs and disability
Amendment 516 #
Proposal for a regulation
Article 8 – paragraph 3 – point d – point i (new)
Article 8 – paragraph 3 – point d – point i (new)
i) the need for decisions concerning children to be treated with priority
Amendment 521 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transferon the Member State of allocation concerning an unaccompanied minor shall be preceded by an multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall be done swiftly by competent staff with the qualifications and expertise to ensure that the best interests of the minor are taken into considerationexpertise in child rights, psychology and development involving the minor's guardian and legal advisor or counsellor to ensure that the best interests of the minor are respected. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 526 #
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, when relevant with the assistance of international or other relevant organisation to facilitate the minor's access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 530 #
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1 a (new)
Article 8 – paragraph new5 – subparagraph 1 a (new)
Before the transfer of an unaccompanied minor the authorities shall ensure the appointment of a guardian in the receiving Member State. The authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the modalities for the transfer. The Commission shall, by means of implementing acts, provide rules concerning the modalities for the transfer of guardianship.
Amendment 532 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 553 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection, unlis present, unless it is not in the best interests of the minor on the basis of the multidisciplinary besst it is demonstrated that this is not in the best interests of the minornterests assessment conducted in accordance with Article 8. Prior to such a determination the applicant shall be allowed to avail himself or herself of the procedures referred to in Article 19.
Amendment 561 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, provided that this is in the best interests of the minor.
Amendment 738 #
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation for minor applicants and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 757 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 a (new)
Article 29 – paragraph 3 – subparagraph 1 a (new)
Minors shall not be detained; Member States shall instead accommodate minors and families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 992 #
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.