253 Amendments of Hilde VAUTMANS related to 2020/0279(COD)
Amendment 171 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) thereof, and Article 80,
Amendment 174 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity and fair sharing of responsibility between Member States, which is fair towards third- country nationals.
Amendment 186 #
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and, in an integrated manner, and properly implemented.
Amendment 200 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member Statesand dignified treatment of applicants for international protection or of third-country nationals residing legally or those subject to a return decision, and the respect of their human rights in every Member States, the fair and efficient return of third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, and the prevention of, and enhanced measures to combat, illegal migration and, migrant smuggling and human trafficking.
Amendment 204 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legallyand the respect of their human rights in Member States and the prevention of, and enhanced measures to combat, illegalrregular migration and, migrant smuggling and human trafficking.
Amendment 206 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legally in Member State, upholding human rights and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.
Amendment 221 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to reflect the whole of government approach and ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, which is part of the comprehensive approach. Such integrated policy-making approach is an essential part of a well-functioning Schengen area.
Amendment 223 #
Proposal for a regulation
Recital 7
Recital 7
(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should be able to adapt their resources to the variation of migratory flows. Member States should allocate adequate staff for their competent authorities, in terms of level, expertise, training and independence. They should also ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States, in particular thanks to common and secured communication channels as well as regular meetings.
Amendment 235 #
Proposal for a regulation
Recital 8
Recital 8
(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies, bodies and offices and on the national strategies of the Member States.
Amendment 238 #
Proposal for a regulation
Recital 9
Recital 9
(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level. To this end, the duties of the Member States in respect of their competences should be clearly defined.
Amendment 245 #
Proposal for a regulation
Recital 11
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it, ensuring their engagement and participation in solidarity and responsibility sharing. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent. Such results should be used by the Commission to propose concrete projections and make them immediately applicable for the year ahead, and Members States should make the necessary corrections and adapt to the results of the said report in the incoming year.
Amendment 272 #
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need. Voluntary departure should always be preferred and facilitated above compulsory removal. Returns of unaccompanied children may only take place when it is in their best interest and should not involve the use of force or physical restraints or other forms of coercion against them.
Amendment 276 #
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy, while fully complying with fundamental rights and the principle of non-refoulement. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need and the quality of asylum and return decisions.
Amendment 283 #
Proposal for a regulation
Recital 15
Recital 15
(15) TIt is necessary to strengthen cooperation with third countries on asylum, migration and border management, including in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, includ. Therefore, the Union and the Member States should develop a new mechanism of cooperation, including by setting out tailored-made and mutually beneficial partnerships with third-countries, comprising all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. Such partnerships should provide a framework for better coordination of policies with third countries and create a win-win situation for both partners, and be based on human rights, rule of law and the respect of the Union’s common values. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
Amendment 286 #
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country, human rights and the third countries ownership of their development priorities. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
Amendment 299 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and predictable, and able to adapt quickly to the evolving nature of the migratory challenges facing a Member State.
Amendment 320 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations, especially taking into account the vulnerability of those persons, irrespective of whether there is a situation of migratory pressure.
Amendment 333 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool for SAR operations’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.
Amendment 364 #
Proposal for a regulation
Recital 22
Recital 22
(22) The overall contribution of each Member State to the solidarity pool for SAR operations should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.
Amendment 380 #
Proposal for a regulation
Recital 24
Recital 24
(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whetestablish an annual solidarity pool based on the projections of the evolution of the migratory flows in the annual Migration Management Report. The pool shall be used only where a Member State is under migratory pressure and setting out the measures that could support that Member State during the one year period. The unused contributions should be deleted at the end of that period. Such a mechanism enables appropriate predictability for all Member States, both benefiting addressing the situation of migratory pressure.nd contributing, and ensures a timely implementation of the solidarity at the Union level
Amendment 385 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) For the establishment of that solidarity pool, Member States should notify to the Commission the type of solidarity contributions that they commit for. Where Member States are themselves expected to be benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a proportional reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be then shared proportionately among the other Member States taking such measures.
Amendment 386 #
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to contribute to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.
Amendment 395 #
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, countries of origin, vulnerabilities of asylum applicants and migrants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.
Amendment 396 #
Proposal for a regulation
Recital 25
Recital 25
(25) WhenOn its own initiative or on a request from a Member State, the Commission should assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should taketaking account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by- case basis in order to be tailor-made to the needs of the Member State in question.
Amendment 416 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. The European Border and Coast Guard Agency shall continue to, throughout the entire return and readmission process, respect human dignity as well as fundamental rights. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 417 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. Unaccompanied minors should be exempt from return sponsorships unless it is in their best interests. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 419 #
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States mayshould recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part ofbe in line and complementary with the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 427 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 440 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 472 #
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should be able to take, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure, as long as it does not frustrate the objective of a fair and efficient procedure pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure.
Amendment 475 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respecting the principle of non- refoulement, are considered as safe countries for third-country nationals, unless an applicant risks suffering from inhuman or degrading treatment in a Member State.
Amendment 476 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respectings long as they respect human rights, particularly the rights of the child and the principle of non- refoulement, are considered as safe countries for third- country nationals.
Amendment 496 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. The effective implementation of such solidarity contributions is a key prerequisite to the functioning of the whole CEAS. _________________ 41Regulation (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 538 #
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background, and should follow an independent evaluation of his/her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 559 #
Proposal for a regulation
Recital 46
Recital 46
(46) The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. This should be without prejudice to the right of an applicant to lodge an application individually.
Amendment 576 #
Proposal for a regulation
Recital 48
Recital 48
(48) 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 be 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 unauthorised 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’s application for international protection was first registered is present, 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 representativesguardian tasked with safeguarding respect for all the rights to which they are entitled before the arrival of the unaccompanied minor. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and, expertise and independence.
Amendment 579 #
Proposal for a regulation
Recital 48
Recital 48
(48) 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 be 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 unauthorised 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’s application for international protection was first registered, unless it is demonstrated that this would not be if this is 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 or her best interests by staff with the necessary qualifications and expertise.
Amendment 585 #
Proposal for a regulation
Recital 49
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. The competent authorities from the Member States should cooperate closely during the process of determination to assess quickly whether family ties exist.
Amendment 604 #
Proposal for a regulation
Recital 52
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation. Such measure should be considered as a solidarity contribution.
Amendment 617 #
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53a) In order to ensure more convergence in the application of this Regulation, it is also necessary to define at the Union level the criteria for determining a risk of absconding in the context of a decision of transfer.
Amendment 629 #
Proposal for a regulation
Recital 55
Recital 55
(55) 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 and for providing clear information on the procedure to the applicant, unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them.
Amendment 635 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon, or in the event an applicant is in possession of new and tangible elements or evidence, which the competent authorities did not assess.
Amendment 644 #
Proposal for a regulation
Recital 58
Recital 58
(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notifications, as well as for making and deciding on appeals, should be streamlined and shortened, in particular as regards decisions based on a “Eurodac hit” or a “VIS hit” which constitute reliable pieces of evidence.
Amendment 647 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
Amendment 652 #
Proposal for a regulation
Recital 59
Recital 59
(59) 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 for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. 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 XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation. In order to avoid the deprivation of liberty where less stringent measures might be applicable according to that Regulation, Member States should make use of other alternatives to detention. Such alternatives may be provided, in particular, for applicants with special reception needs, such as minors, families or other vulnerable persons.
Amendment 668 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure a clear and efficient relocation procedure, specific binding rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation except where they are not relevant for such a procedure.
Amendment 673 #
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, strong financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.
Amendment 686 #
Proposal for a regulation
Recital 66
Recital 66
(66) 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. The network should organise regular meetings to enhance trust-building and common understanding of the challenges of the implementation of the CEAS in the different Member States.
Amendment 688 #
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66a) A Common and secured electronic transmission and communication system should also be set-up to facilitate the cooperation and the exchange of information between the Member States.
Amendment 696 #
Proposal for a regulation
Recital 70
Recital 70
(70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. _________________ 47Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1.
Amendment 704 #
Proposal for a regulation
Recital 72
Recital 72
(72) The examination procedure should be used for the adoption 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 persons; 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 and vulnerabilities certificate; 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 738 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum and migration in the Union and the proper implementation of the Common European Asylum System;
Amendment 755 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law;
Amendment 767 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including aor a third-country national or a stateless person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];
Amendment 792 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor or adult dependent 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 794 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarrieor an adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 800 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarrieor an adult dependent child, 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,
Amendment 811 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v a (new)
Article 2 – paragraph 1 – point g – point v a (new)
(va) As a derogation to points (ii), (ii) and (iv), where the minor is married, the adult spouse constitutes a member of family provided that the marriage is in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.
Amendment 817 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years. This is to be assessed, where applicable, at the time his or her application for international protection is made;
Amendment 825 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];
Amendment 834 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a threefour months’ period of study achieved on the territory of a Member State in a recognised, state or regional programme of education or vocational training at least equivalent to level 21 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;
Amendment 839 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities or by failing to appear when summoned by the competent authorities, for reasons which are not beyond the applicant’s control;
Amendment 846 #
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national lawand common criteria, clearly defined, to believe that an applicant who is subject to a transfer procedure may abscond. Such criteria shall be defined pursuant to the procedure in Article 2a;
Amendment 864 #
Proposal for a regulation
Article 2 – paragraph 1 – point t a (new)
Article 2 – paragraph 1 – point t a (new)
(ta) ‘transfer’ means the action and practical arrangements to complete a decision of take charge or take back from the Member State where an applicant is present to the Member State responsible according to Article 26 of this Regulation.;
Amendment 881 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a largecertain number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action and which causes the Member State concerned not to be able to fulfil its legal obligations under the Common European Asylum System;
Amendment 891 #
Proposal for a regulation
Article 2 – paragraph 1 – point y a (new)
Article 2 – paragraph 1 – point y a (new)
(ya) ‘reception conditions’ means the reception conditions, as defined in Article 2(6) of Directive (EU) XXX/XXX [Reception Conditions Directive];
Amendment 897 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Procedure for defining common criteria of the risk of absconding to a decision of transfer 1. The Commission shall determine common European criteria for determining the ‘risk of absconding’ to a decision of transfer, as referred to in Article 2(q), by means of a delegated act no later than four months after the entry into force of the present Regulation. Such criteria shall not include criteria of a general nature such as merely being an applicant or one’s nationality. As a transitory measure, the Member States shall continue to use the criteria provided in their national law. 2. In application to the first paragraph, the Commission shall work closely with national competent authorities and the Asylum Agency.
Amendment 901 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Comprehensive approach and integrated policy-making to asylum and migration management
Amendment 905 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The Union and the Member States shall take actions in the field of asylum and migration management on the basis of a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and as well as a principle of integrated policy-making, in order to address the entirety of the migratory routes of third-country nationals and to ensure coherence of asylum and migration management policies, including both the internal and external component. 2. This approach shall consist of the following components:
Amendment 938 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregular migration within and outside the EU;
Amendment 941 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
Amendment 972 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions, in particular for minors and applicant with specific needs;
Amendment 999 #
Proposal for a regulation
Article 4
Article 4
Amendment 1025 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility referred to in Article 80 TFEU and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1029 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 1032 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures as well as national protection procedures if those provide better protection, grant such protection to those who are in need and ensure the return of those who are illegalrregularly staying;
Amendment 1041 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 1048 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking;
Amendment 1055 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) Provide and invest in adequate reception, including measures to protect those with special needs such as children.
Amendment 1058 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 1062 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 1069 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 1080 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund] and Regulation (EU) XXX/XXX2021/1148 [Integrated Border Management Fund].
Amendment 1081 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Duties of the Member States and the Union offices, bodies and agencies The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure. In particular, Member States shall: (a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying; (b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking; (c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III; (d) provide support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV; (e) take all reasonable and proportionate measures to prevent and correct unauthorised movements between Member States.
Amendment 1107 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies and the External Action Service;
Amendment 1121 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation], should also be taken into account in these strategies. _________________ 56Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
Amendment 1126 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate. The Commission shall also set out the total number of projected solidarity contributions for the upcoming year that would be required to contribute to the needs of the Member States, which are or could be in a situation of migratory pressure, on the basis of the anticipated evolutions of the migratory situation. The report shall indicate the type and share of solidarity contributions required.
Amendment 1143 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Cooperation with third countries to facilitate return and readmissionon asylum, migration and border management
Amendment 1146 #
Proposal for a regulation
Article 7 – paragraph -1 (new)
Article 7 – paragraph -1 (new)
-1. In accordance with Article 3(2)(a), the Commission, in cooperation with the Member States as well as Union bodies, offices and agencies, shall build tailor- made and mutually beneficial partnerships with relevant third-countries in view of better achieving the Union’s objectives in the field of asylum and migration. Such partnerships shall provide a framework for better coordination of policies with third-countries and create a win-win situation for both partners, and be based on human rights, rule of law and on the respect of the Union’s common values. They shall primarily be based on a ‘more for more’ approach, whereby more cooperation from the side of a third- country should result in more support from the Union in various policy areas. This may include cooperation on capacity-building for the reception of refugees, visa policies, development assistance, return and readmission agreements, border management, fighting human trafficking and smuggling networks, protection of human rights, especially the rights of the child.
Amendment 1149 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall engage a high level dialogue with that third-country and the Member States to find common and fair solutions for a better functioning of the partnership. If the high-level dialogue does not generate sufficient improvements, the Commission shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
Amendment 1153 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. These measures shall never be in contradiction with EU values or principles. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
Amendment 1155 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Measures undertaken should always respect human rights, in particular the rights of the child.
Amendment 1167 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency and fundamental rights compliance of the cooperation referred to under this Article, and report to the European Parliament and the Council. Relevant EU agencies and bodies shall report to the Commission for this annual evaluation, such as the European Border and Coast Guard Agency, the Fundamental Rights Agency, the European Court of Auditors and the EU Asylum Agency.
Amendment 1168 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency of the partnerships referred to in the first paragraph, as well as the implementation of this Article, and report to the European Parliament and the Council.
Amendment 1171 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. All relations and cooperation with third countries referred to in this Article shall take place under formal EU international agreements; informal arrangements shall be avoided.
Amendment 1177 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – 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 at a time, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.
Amendment 1187 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. 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 registered shall be responsible for examining it, unless Article 25 applies.
Amendment 1202 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to anyand cannot establish whether another Member State can be designated on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1213 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsible and shall carry out a border procedure, in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1225 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entry or the Member State in which that third-country national is legally present.
Amendment 1235 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visaisa, either valid or which has expired, the application shall be made and registered in the Member State that issued the residence permit or visa.
Amendment 1237 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 1249 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The applicant shall be required to be present and to remain available to the competent administrative or judicial authorities in:
Amendment 1255 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Consequences of non-compliance for the applicant
Amendment 1261 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation, including from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been duly informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
Amendment 1265 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities, unless the elements or information are of such nature that it provides a key and reliable evidence for determining the Member State responsible.
Amendment 1277 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant as set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation], the competent authorities shall inform in a language the applicant understands, of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, and in particular:
Amendment 1286 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) of the objectives of this Regulation and of the consequences of making another application in a different Member State as well as not cooperating withe consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1)mpetent authorities or not showing up at a notification from the competent authorities;
Amendment 1290 #
Proposal for a regulation
Article 11 – paragraph 1 – point b a (new)
Article 11 – paragraph 1 – point b a (new)
(ba) of the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1);
Amendment 1291 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, in particular of the provisions relating to family reunification and, in that regard, of the applicable definition of family members and relatives;
Amendment 1301 #
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
Amendment 1312 #
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility and arrangements to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in Article 33(1) as well as the existence of the right to an effective remedy before a court or tribunal;
Amendment 1326 #
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the guarantees and rights he or she is entitled to, including those specified in Articles 13 and 15 of the present Regulation, in particular the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect, or the obligation for the Member States to safeguard the best interest of the child in any circumstances;
Amendment 1340 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. When the applicant is a minor, information shall be provided in a child-friendly manner, both in written and oral form.
Amendment 1342 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose.
Amendment 1344 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1353 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencuthorities, draw up common information and material, as well as a specific leaflet for unaccompanied minors or other vulnerable groups, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information.
Amendment 1355 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The Asylum Agency shall make sure this common information material is clear and available online, in an open and easily accessible platform for applicants.
Amendment 1356 #
Proposal for a regulation
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian.
Amendment 1368 #
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) after having received the information referred to in Article 11, the applicant has already provided the information relevant to determine the Member State responsible by other means. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 29(1), including the opportunity for an interview.
Amendment 1370 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any decision on the Member State responsible is taken or a take charge request is made pursuant to Article 29.
Amendment 1380 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. 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. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representativeguardian and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1388 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of specialfic procedural guarantees pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsible.
Amendment 1393 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Member State conducting the personal interview shall make an audio recording of the interview and shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant or the legal advisor or other counsellor who is representing the applicant have timely access to the summary, and in any case before any decision on the Member State responsible is taken or a take charge request is made pursuant to Article 29.
Amendment 1397 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The best interests of the child shall be athe primary consideration for Member States with respect to all procedures provided for in this Regulation.
Amendment 1404 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representativeguardian with respect to the relevant procedures provided for in this Regulation. The representativesponsible authorities shall appoint a guardian, as soon as possible and prior to the collection of biometric data pursuant to Article 10(1) or 13(1) of Regulation (EU) XXXX/XX (Eurodac Regulation) and in any event no later than 24 hours after the making of the application. The guardian shall have the qualifications, training and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the whole procedures carried out under this Regulation. Such representativeguardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.
Amendment 1412 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
Amendment 1413 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 1419 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representativeguardian of an unaccompanied minor shall be involved in the process of establishing the Member State responsible under this Regulation. The representative from the start of the procedure. The guardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose, and shall keep the minor informed on the progress in the procedures under this Regulation.
Amendment 1426 #
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate and exchange information with each other and shall, in particular, take due account of the following factors:
Amendment 1431 #
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) The right to family life, including family reunification possibilities;
Amendment 1432 #
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) the right to family life, including family reunification possibilities;
Amendment 1438 #
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background, while having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1439 #
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being, access to health and education services and social development, taking into particular consideration the minor’s background, including his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in his or her care;
Amendment 1442 #
Proposal for a regulation
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) situations of vulnerability, including trauma, specific health needs and disability;
Amendment 1447 #
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1448 #
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1464 #
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1465 #
Proposal for a regulation
Article 13 – paragraph 4 – point e a (new)
Article 13 – paragraph 4 – point e a (new)
(ea) the guarantee of a handover to a designated guardian in the receiving Member State in case of a transfer;
Amendment 1472 #
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay, and appoints a guardian. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1479 #
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. For the purpose of applying Article 15, the Member State where the unaccompanied minor’s application for international protection was registered shall, as soon as possible, immediately 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 1485 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors and the identification of vulnerabilities or trauma.
Amendment 1493 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Cost of reception 1. The costs of reception of an applicant supported by determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union as provided under Article 11, paragraph 1 of Regulation 2021/1147 [Asylum, Migration and Integration Fund]. 2. For the purpose of the first paragraph, Member States shall comply with Directive XXX/XXX [Reception Conditions Directive].
Amendment 1499 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Articles 20a and 20b will not apply if the applicant arrived irregularly prior in another Member State.
Amendment 1507 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. In a scenario where the applicant is a married minor below the age of 16, the Member State responsible shall still be the Member State where the father, mother or other non- spouse adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present, regardless of whether the adult spouse of the minor is legally present or not within a Member State.
Amendment 1510 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is notif this is in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 1511 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
Where the applicant is a married minor whose adult spouse is legally present on the territory of the Member States, the Member State responsible shall be the Member State where the adult spouse is legally present, provided that the applicant expresses its desire for such a reunification in writing. Where such conditions are not met, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. For the purpose of this Regulation, on the basis of an individual assessment, a minor shall be considered unmarried if his or her marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.
Amendment 1520 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, or the application of Article 25, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1521 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – 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’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1553 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the applicant is in possession of one or more residence documents or one or more visas which expired less than threfive years before the application was registered, paragraphs 1, 2 and 3 shall apply.
Amendment 1560 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection. Online training or other forms of distance learning shall not be considered to be relevant.
Amendment 1561 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where the applicant is in possession of a diploma or qualification issued by an education establishment or a certificate of vocational competency established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection.
Amendment 1563 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20a Visa waived entry If a third-country national or a stateless person enters into the EU territory through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory.
Amendment 1564 #
Proposal for a regulation
Article 20 b (new)
Article 20 b (new)
Article 20b Application in an international transit area of an airport 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 responsible for examining the application.
Amendment 1580 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Paragraphs 1 and 2 shall not apply if Article 25 applies or if it can be established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that the applicant was relocated pursuant to Article 57 of this Regulation to another Member State after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.
Amendment 1583 #
Proposal for a regulation
Article 22
Article 22
Amendment 1588 #
Proposal for a regulation
Article 23
Article 23
Application in an international transit 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 responsible for examining the application.rticle 23 deleted area of an airport
Amendment 1612 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). The Member States shall use the Common and secured electronic transmission and communication system referred to in Article 40a to exchange information under the present Article.
Amendment 1619 #
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family or cultural considerations, or to support a Member State under migratory pressure or with a risk of migratory pressure even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.
Amendment 1622 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set upCommon and secured electronic transmission and communication system under Article 1840a of this Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based.
Amendment 1632 #
Proposal for a regulation
Part III – Chapter IV – title
Part III – Chapter IV – title
IV OBLIGATIONS OF THE MEMBER STATE RESPONSIBLES
Amendment 1633 #
Proposal for a regulation
Article -26 (new)
Article -26 (new)
Article -26 Obligations of the Member States during the process of determination 1. Member States shall cooperate closely and effectively with a view to ensure a fair and efficient process of determination of the Member State responsible of an application for international protection. 2. During the process of determination, where the applicant declares to have family members pursuant to Article 15 to 17, the Member State where the family is deemed to be present shall work closely with the determining Member State to quickly establish whether it is or not responsible for that applicant. Member States shall use the Common and secured electronic transmission and communication system to facilitate for this purpose.
Amendment 1653 #
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) Member States shall make all necessary practical and legal arrangements to comply with their obligations under the first subparagraph.
Amendment 1656 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Amendment 1668 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], where the third-country national is legally present or, where applicable, the Member State of relocation shall start the process of determining the Member State responsible without delay.
Amendment 1676 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Member State where an application is first registered or, where applicable, the Member State of relocationreferred to in the first paragraph shall continue the process of determining the Member State responsible if the applicant leaves the territory of that Member State without authorisation or is otherwise not available to the competent authorities of that Member State.
Amendment 1683 #
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registered, with a view to completing the process of determination of the Member State responsible.
Amendment 1685 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
That obligation shall cease where the Member State determining the Member State responsible can establish that the applicant has obtained a residence document from another Member State or where the Member State where the applicant is present decides to take responsibility for the examination of the application for international protection pursuant to Article 25.
Amendment 1689 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If a Member State where an application for international protection has been registeredreferred to in Article 28(1) considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1702 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within one monthweek of receiving that hit.
Amendment 1706 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, time referred to in subparagraph 1 and 2 shall start to run when a guardian has been appointed and when the best interests of the child assessment has been concluded. The determining Member State may also, where it considers that it is in the best interest of the minor, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1714 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
The information shall be communicated between the Member States through the Common and secured electronic transmission and communication system referred to in Article 40a. In accordance with that article, the Commission shall, by means of implementing acts, adopt uniform conditions on the preparation and submission of take charge requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1720 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Notwithstanding the first paragraph, in the case of a Eurodac hit with data recorded pursuant to Article 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EC) No 767/2008, the requested Member State shall give a decision on the request within two weekfour working days of receipt of the request.
Amendment 1732 #
Proposal for a regulation
Article 30 – paragraph 8
Article 30 – paragraph 8
8. Where the requested Member State does not object to the request within the one-month period set out in paragraph 1 by a reply which gives full and detailed reasons, or where applicable within the two-weekfour working days period set out in paragraphs 2 and 7, this shall be tantamount to accepting the request, and entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1771 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notifications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2)40a.
Amendment 1787 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delin five days of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1795 #
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall contain information in a plain language on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
Amendment 1799 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1, when that information has not been already communicated.
Amendment 1804 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.
Amendment 1815 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – point b a (new)
Article 33 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) whether the applicant is in possession of new and tangible elements or evidence, which the competent authorities did not assess, proving that another Member State is responsible for his or her application according to Chapter II of Part III.
Amendment 1860 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. The responsible authorities shall explore alternatives to detention, in particular for minors and applicants with specific vulnerabilities. Where possible, minors should be accommodated in non- custodial community-based placements while their immigration status is being resolved. Unaccompanied minors shall never be detained and shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into account their views.
Amendment 1864 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a 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, based on an individual assessment of the person’s circumstances. Such alternatives to detention shall be available both in fact and law in the Member States, in particular for minors and applicants with vulnerabilities and specific needs.
Amendment 1904 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within sixfour months of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3), unless the applicant has absconded. That time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 1921 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State, unless the Member State responsible is accountable for the failure of the transfer..
Amendment 1932 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. TPursuant to Article 40a, the Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information between Member States in the Common and secured electronic transmission and communication system, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1935 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. In accordance with Article 1720 of Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund], a contribution shall be paid to the Member State carrying out the transfer for the transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35.
Amendment 1940 #
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. The transferring Member State shall transmit to the Member State responsible any information that is essential in order to safeguard the rights and immediate specialfic needs of the person to be transferred, and in particular:
Amendment 1942 #
Proposal for a regulation
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
(a) any immediate measures which the Member State responsible is required to take in order to ensure that the specialfic needs of the person to be transferred are adequately addressed, including any immediate health care that may be required;
Amendment 1944 #
Proposal for a regulation
Article 37 – paragraph 2 – point c
Article 37 – paragraph 2 – point c
(c) in the case of minors, the best interests of the child assessment and information on their education;
Amendment 1946 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The exchange of information under this Article shall only take place between the authorities notified to the Commission in accordance with Article 41 of this Regulation using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003Common and secured electronic transmission and communication system as referred to in Article 40a. The information exchanged shall only be used for the purposes set out in paragraph 1 of this Article and shall not be further processed.
Amendment 1949 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of implementing acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2)Article 40a of this Regulation.
Amendment 1953 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Where the Member State carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in Article 26(1), point (b), (c) or (d), a danger to national security or public order in a Member State, that Member State shall also communicate such information to the Member State responsible. To this end, the Member State shall use the Common and secured electronic transmission and communication system referred to in Article 40a.
Amendment 1956 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.
Amendment 1958 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any specialfic needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those specialfic needs are adequately addressed, including in particular any essential medical care that may be required.
Amendment 1959 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
The Commission shall, by means of implementing acts, draw up the common health and vulnerabilities certificate. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 1963 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. TPursuant to Article 40a, the Commission shall, by means of implementing acts, adopt uniform conditions and practical arrangements for exchanging the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2) in the Common and secured electronic transmission and communication system.
Amendment 1982 #
Proposal for a regulation
Article 40 a (new)
Article 40 a (new)
Article 40 a Common and secured electronic transmission and communication system 1. The Commission shall, by means of implementing acts, establish a ‘Common and secured electronic transmission and communication system’ at the European level between the competent authorities referred to in Article 41(1) and between those authorities and the Asylum Agency for transmitting information related to the application of this Regulation. The 'DubliNet' electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003 shall be used as basis for the Common and secured electronic transmission and communication system and upgraded accordingly. EU-LISA should be responsible for the preparation, development and the operational management of this system, its interoperability with other systems and the communication infrastructure between the central system and the national infrastructures. From the budgetary appropriations to implement the present Regulation, an appropriate allocation shall be secured for EU-LISA to complete this task. 2. The Member States shall use the Common and secured electronic transmission and communication system to share any type of information relevant for the application of this Regulation, including biometric data taken in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation], requests, notifications, replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. 3. The Common and secured electronic transmission and communication system shall have different channels for each type of information requiring different rules in terms of access, conditions of exchange, confidentiality, or any other specificity. In particular, different channels shall be created for the purpose of Articles 37, 38, 39 and 40. 4. For the purpose of this Regulation, the Member States and the Union bodies and Agencies, as well as any actor involved in the processing of personal data of the applicants shall apply Regulation (EU) 2016/679 [General Data Protection Regulation]. 5. The implementing act referred to in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 67(2), no later than four months after the entry into force of this Regulation.
Amendment 1983 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto, and of the share of competences between different authorities in a Member State where applicable. The Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks and in particular for applying the procedures for determining the Member State responsible in a rapid and efficient manner, safeguarding applicants’ procedural and fundamental rights, replying within the prescribed time limits to requests for information, requests to take charge, take back notifications and, if applicable, complying with their obligations under Chapters I-III of Part IV.
Amendment 1987 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Member States shall ensure that the authorities referred to in paragraph 1 shallcontinuously receive the necessary training with respect to the application of this Regulationhuman resources who have the qualifications, training, expertise and independence with respect to the application of this Regulation. In particular, the authorities shall receive appropriate staff to take in charge applicants with specific needs. Where a Member State requests it, the Commission should assist the competent authorities in planning the allocation of staff, with a view to ensure the application of the present Regulation and a level playing field in all Member States.
Amendment 1988 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. The Commission shall, by means of implementing acts, establish secure electronic transmission channels between In a situation of significant increase of the workload of theat authorities referred to in paragraph 1 and between those authorities and the Asylum Agency for transmitting information, biometric data taken in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation], requests, notifications, replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. Those implementing acts shall be adopted in acc, Member States shall provide additional staff, to continue complying with their obligations under the present Regulation. Member States should also seek the support from Union bodies, offices and agencies, international ordgance with the examination procedure referred to in Article 67(2). isations and non-governmental organisations.
Amendment 1993 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1 (new)
Article 42 – paragraph 1 – subparagraph 1 (new)
By way of derogation, such administrative arrangements shall remain outside the objective and scope of the Common and secured electronic transmission and communication system as referred to in Article 40a.
Amendment 1996 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
The Asylum Agency shall set up and facilitate the activities of a network of the competent authorities referred to in Article 41(1), with a view to enhancing practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance, enhancing convergence in the application of the Regulation and in practices, as well as building at the European a common culture between agents from competent authorities, both at national and European level.
Amendment 1997 #
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
This network may be structured into several formations, composed of agents at different levels of hierarchy, in order to support cooperation and convergence from operational activities to higher level of decision-making and responsibility. Meetings of these formations shall be organised regularly, as much as deemed necessary and at least every month.
Amendment 1998 #
Proposal for a regulation
Article 43 – paragraph 1 b (new)
Article 43 – paragraph 1 b (new)
Other relevant Union offices, bodies or agencies may also participate in this network.
Amendment 2047 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) capacity-building measures in the field of asylum, reception and return, operational support and measures aimed at responding to migratory trends affecting the benefitting Member State through cooperation with third countries.;
Amendment 2053 #
Proposal for a regulation
Article 45 – paragraph 1 – point d a (new)
Article 45 – paragraph 1 – point d a (new)
(da) the decision by a Member State to examine an application for international protection pursuant to Article 25, including after a decision of transfer has been taken pursuant to Article 32.
Amendment 2070 #
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. Such contributions may, pursuant to Article 56, alsoMember States may also provide voluntary solidarity contributions to assist a Member State in addressing the migratory situation on its territory or prevent a migratory pressure. Such contributions may consist of:
Amendment 2072 #
Proposal for a regulation
Article 45 – paragraph 2 – point -a (new)
Article 45 – paragraph 2 – point -a (new)
(-a) solidarity contributions referred to in paragraph 1;
Amendment 2076 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1 (new)
Article 45 – paragraph 2 – subparagraph 1 (new)
Amendment 2077 #
Proposal for a regulation
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2a. With a view to provide solidarity contributions as soon as possible to a benefiting Member State, solidarity pools shall be established every year to ensure an appropriate and predictive solidarity response at the European level.
Amendment 2092 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 2093 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
The Solidarity Forum should comprise all Member States, whose representatives shall have the appropriate level of responsibility and decision-making for its purpose. Should one or several Member States decide not to participate, the Solidarity Forum shall still be convened within the margins of a qualified majority. The Commission may request the Asylum Agency, the European Border and Coast Guard Agency, and the External Action Service to be represented.
Amendment 2094 #
Proposal for a regulation
Article 46 – paragraph 1 b (new)
Article 46 – paragraph 1 b (new)
The Solidarity Forum shall be convened at least once a year to establish the Annual solidarity pool referred to in Article 46a, and as much as necessary during the year to ensure an appropriate solidarity response in case of migratory pressure.
Amendment 2095 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Annual solidarity pool 1. Each year, the Commission shall set up an ‘Annual solidarity pool’ composed of the Member States’ contributions commitments for the upcoming year. 2. The Annual solidarity pool shall consist of: (a) a specific solidarity pool for search and rescue operations which shall be activated for a Member State where search and rescue operations generate recurring arrivals of third-country nationals or stateless persons onto its territory, pursuant to Articles 47, 48 and 49. That pool shall consist of solidarity contributions referred to in Article 47(4); (b) a general solidarity pool which shall be activated in the event a Member State is under migratory pressure, pursuant to Articles 49a. That pool shall consist of solidarity contributions referred to in Article 45(1); 3. Where at the end of the one year period referred to in the first paragraph the contributions commitments have not been used, or not entirely, that commitments shall be deleted.
Amendment 2165 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Where Member States have indicated measures set out in Article 45(1), point (d), those measures shall be in proportion to the contributions that the Member States would have made by means of the relocations referred to in Article 45(1), point (a) and (da) as a result of the application of the distribution key set out in Article 54. They shall be set out in the implementing act except where the indications by Member States would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report. In those cases, the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures are required to cover 50% of their share calculated in accordance with the distribution key set out in Article 54 through relocation or return sponsorship as referred to in Article 45(1) point (b) or a combination of both. The Member States concerned shall immediately indicate to the Commission how they intend to cover their share in this regard. The Commission shall adjust the contributions set out in the implementing act regarding relocation, return sponsorship and the measures referred to in Article 45(1), point (d) for those Member States accordingly.
Amendment 2198 #
Article 49a Solidarity pool for a Member State under migratory pressure 1. Each year, on the basis of annual projection indicated in the Migration Management Report referred to in Article 6(4), third subparagraph, the Commission shall draw on a solidarity pool and coordinate the distribution of contributions when a Member State is under pressure. 2. Within two weeks of the adoption of the Migration Management Report, the Commission shall invite all other Member States that are not expected to be under migratory pressure to provide solidarity contributions referred to in Article45(1). 3. Within one month of the adoption of the Migration Management Report, Member States shall submit to the Commission their solidarity contributions commitments, including the share of each type of contribution where relevant. Where the contributions includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor. Where Member States indicate capacity- building measures set out in Article 45(2), point (d) they shall also indicate the detailed arrangements and the time frame for their implementation. 4. Where the Commission considers that the contributions indicated by the Member States do not correspond to the needs identified in the Migration Management Report provided for in Article 6(4), it shall convene the Solidarity Forum within a maximum time of two weeks. In such cases, the Commission shall invite Member States to adjust their contributions in the course of the Solidarity Forum by submitting a revised version of their contributions.
Amendment 2199 #
Proposal for a regulation
Article 49 b (new)
Article 49 b (new)
Amendment 2308 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Whereithin two weeks after the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means ofCommission shall coordinate the distribution of contributions under the solidarity contributionspool referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors9a.
Amendment 2320 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Where the report referred to in Article 51 identifies measures referred to in paragraph 3, point (b)(iii) of that Article, other Member States may The effort of contributions shall be shared proportionately between the contributing Member States, taking into accountribute by means of those measures instead of measures referred to in Article 51(3)(b)(ii). Such measures shall not lead to a short fall of more than 30% of the total contributions identified in the report on migratory pressure under Article 51(3)(b)(ii) the distribution key and specific needs of the benefiting Member States identified in the report on migratory pressure. Member States shall prioritise the relocation of unaccompanied minors, unless it is not in their best interests.
Amendment 2321 #
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
2a. Where the solidarity pool falls short of the needs identified in the migratory pressure report, the Commission shall convene the Member States to adjust their contributions, pursuant to Article 49b.
Amendment 2322 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 2328 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 2331 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Amendment 2336 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 2352 #
Proposal for a regulation
Article 53
Article 53
Amendment 2406 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting Member State. The return process shall be carried out in such a manner that it respects the human dignity of the illegally staying third country national.
Amendment 2425 #
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55a Capacity-building measures 1. A Member State may commit to support another Member State in providing capacity-building measures in the field of asylum, reception and return, operational support, as well as measures aimed at responding to migratory trends affecting the benefitting Member State through cooperation with third countries. Such measures shall aim to address specific needs identified in the report on migratory pressure pursuant to Article 51, and shall be designed and implemented in proportion to the contributions the Member State would have made by means of the measures referred to in Article 45(1), points (a), (b), (c) and(da) as a result of the application of the distribution key set out in Article 54. 2. The Commission shall determine by means of delegated act the criteria for assessing the capacity-building measures proposed by the contributing Member State in accordance with the first paragraph of this Article. 3. The Commission, with the support of Union bodies, offices and agencies, shall evaluate the implementation of the capacity-building measures in the benefiting Member State at regular intervals.
Amendment 2426 #
Proposal for a regulation
Article 56
Article 56
Amendment 2442 #
Proposal for a regulation
Article 56 a (new)
Article 56 a (new)
Amendment 2462 #
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation, such as the criteria referred to in Chapter II, Part III. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing.
Amendment 2472 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The first subparagraph shall not apply to applicants for whom the benefitting Member State canis most likely to be determined as the Member State responsible pursuant to the criteria set out in Articles 15 to 20 and 24, with the exception of Article 15(5). Those applicants shall not be eligible for relocation.
Amendment 2501 #
Proposal for a regulation
Article 57 – paragraph 8
Article 57 – paragraph 8
8. The benefitting Member State shall take a transfer decision at the latest within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State and at the latest 48 hours before the transfer.
Amendment 2505 #
Proposal for a regulation
Article 57 – paragraph 11
Article 57 – paragraph 11
11. The Member States shall use the Common and secured electronic transmission and communication system for carrying-out relocations. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2)40a.
Amendment 2530 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegally staying on its territory, of Directive 2008/115/EC shall apply.
Amendment 2536 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency or any other Union office, body or agency.
Amendment 2539 #
Proposal for a regulation
Article 61 – paragraph -1 (new)
Article 61 – paragraph -1 (new)
-1 In accordance with the principle of solidarity and fair sharing of responsibility between the Member States established in Article 5, Member Sates shall receive appropriate and proportionate funding support from the Union budget to apply the present Regulation.
Amendment 2542 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 1720 of Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund].
Amendment 2550 #
Proposal for a regulation
Article 62 – paragraph 2 a (new)
Article 62 – paragraph 2 a (new)
2a. The Common and secured electronic transmission and communication system referred to in Article 40a shall fully comply with this Article.
Amendment 2553 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
Member States shall ensure that the authorities and their staff referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Amendment 2554 #
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
Member States shall lay down the rules on penalties, including administrative or criminal penalties in accordance with national law, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and shall take into account the financial penalty and the compensation for the cost of reception referred to in Article 26a.
Amendment 2560 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the measures set out in Chapters I-III of Part IV of this Regulation and report on the implementation of the measures set out in this Regulation. This report shall be communicated to the European Parliament and the Council. On the basis of this report, the European Parliament shall hold an annual plenary debate on the implementation of this Regulation as well as the whole Common European Asylum System.
Amendment 2561 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 2563 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
No sooner than [fivthree] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] yearsabove mentioned time limit expires.
Amendment 2564 #
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
For the purpose of this Article, the Commission may require the support from Union bodies, offices and agencies referred to in Article 57a.
Amendment 2569 #
Proposal for a regulation
Article 72 – title
Article 72 – title
Amendments to Regulation (EU) XXX/XXX [Asylum2021/1147 [Asylum, Migration and MiIntegration Fund]
Amendment 2570 #
Proposal for a regulation
Article 72 – paragraph 1 – introductory part
Article 72 – paragraph 1 – introductory part
Regulation (EU) XXX/XXX [Asylum and Migration Fund]2021/1147 is amended as follows:
Amendment 2571 #
Proposal for a regulation
Article 72 – paragraph 1 – point -1 (new)
Article 72 – paragraph 1 – point -1 (new)
Regulation (EU) 2021/1147
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
-1. In Article 10(2) the following subparagraph is added: "The thematic facility shall be complemented by the Dublin Reserve Fund referred to in Article 20a of this Regulation."
Amendment 2572 #
Proposal for a regulation
Article 72 – paragraph 1 – point -1 a (new)
Article 72 – paragraph 1 – point -1 a (new)
Regulation (EU) 2021/1147
Article 11 – paragraph 1 – subparagraph 2 – point d a (new)
Article 11 – paragraph 1 – subparagraph 2 – point d a (new)
-1a. In Article 11(1), second subparagraph, the following point is inserted: "(da) support to Member States for the cost of reception of an applicant for international protection during the process of determination of the Member State responsible, in accordance with Article 13a of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation];"
Amendment 2579 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) EUR [150 000] per applicant for whom that Member State becomes responsible as a result of relocation in accordance with Articles 48, 535(2) and Article 56s 48 and 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2582 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) EUR [150 000] per beneficiary of international protection relocated in accordance with Articles 53 and 56 45(2) and Article 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2586 #
(c) EUR [150 000] per illegally staying third-country national relocated in accordance with Article 53, when the period referred to in Article 55(2) has expired, and Article 5645(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2589 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) The contribution in points (a), (b) and (c) is increased to EUR [1260 000] for each unaccompanied minor relocated in accordance with Article 48, Article 53 and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation].5(2) and Articles 48 and 53 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2592 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2 a (new)
Article 72 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/1147
Article 20 a (new)
Article 20 a (new)
2a. The following article is inserted "Article 20a Dublin Reserve Fund 1. A ‘Dublin Reserve Fund’ or ‘reserve’ is established for the application of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. 2. The financial penalty and the compensation for the cost of reception referred to in Article 26a of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] shall be paid into the reserve. The Member State where the applicant is present shall be allocated the amount of the compensation via the reserve. The total amount of the financial penalty shall be distributed proportionally between the Member States, with a priority to Member States facing a migratory pressure, where relevant, in order to support the application of the present Regulation."