44 Amendments of Carlos COELHO related to 2016/0133(COD)
Amendment 159 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion, if this is in their best interests. In order to discourage secondary movements and unnecessary transfers of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative legally present in the territory of a Member State, the Member State responsible should be that wherein which the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not beis present, provided that this is in the best interests of the childminor. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise, which shall involve his or her guardian and legal advisor or counsellor.
Amendment 175 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of some of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 180 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to reduce the administrative requirements and make effective use of common resources the European Union Agency for Asylum should develop suitable information material on the CEAS, in close cooperation with the national authorities. The information material developed by the Agency should be translated and made available in languages which the asylum seekers understand or are reasonably supposed to understand. In order to avoid that information on the functioning of the CEAS are improperly used, they should be provided just to asylum seekers, once they have already reached the territory of the Union.
Amendment 207 #
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism. The national competent authorities of the Member State should be entitled to consult the information linked to the unique application number for security reasons.
Amendment 226 #
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States, on their level of unemployment, on their expenditure linked to migration and on the number of beneficiaries of international protection who are in their territory should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 1500% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 232 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) In order to ensure that Member States that have not in recent years been among the main destination countries for applicants for international protection have sufficient time to build up their reception capacity, the corrective allocation mechanism should enable a gradual transition from the current situation to a situation with a more fair distribution of responsibilities under the corrective allocation mechanism. The transitional system should create a baseline key based on the average relative numbers of historically lodged applications for international protection in Member States and then transition from this "status quo" model towards a fair distribution by calculating the reference number for each Member State during the transitional period on the basis of a combination between the baseline key and the reference key referred to in Article 35.
Amendment 241 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) It would be an asset to ensure that applicants who wish to be transferred together can register and be transferred under the corrective allocation mechanism as a group to one Member State. In order to allow for the smooth and practical application the relocation system should be based on transfer lists of 15 applicants per list.
Amendment 260 #
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with Commission Regulation (EC) No 1560/200322 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. The European Union Agency for Asylum should play a key role in guaranteeing that transfers are duly carried out, especially when they are on a voluntary basis. _________________ 22 OJ L 222, 5.9.2003, p. 3.
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the unmarried minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 308 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2 a (new)
Article 2 – paragraph 1 – point g – indent 2 a (new)
- the dependent married minor children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under national law;
Amendment 314 #
- when the applicant is a minor and married, the father or mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4 a (new)
Article 2 – paragraph 1 – point g – indent 4 a (new)
- when the beneficiary of international protection is a minor and married, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 357 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
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 lodged shall be responsible for examining it. This provision shall not be applied in those cases in which the first Member State where the application for international protection was lodged is a benefitting State in accordance to Article 34.
Amendment 419 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present. This paragraph shall not apply to minors and families with children.
Amendment 421 #
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 196(6) of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present.
Amendment 452 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility to challenge a transfer decision within 710 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;
Amendment 485 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate and, when the applicant is a minor, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 491 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information provided in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 500 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leaflet for unaccompanied minorsinformation materials for unaccompanied minors. The guardian shall be appointed no later than five days from the moment when an unaccompanied minor arrives in the Member State.
Amendment 505 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific leaflets for unaccompanied minors and the forms provided for in Article 8. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the status of the procedures under this Regulation concerning them. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 508 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 510 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 512 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) situations of vulnerability, including trauma, specific health needs and disability
Amendment 516 #
Proposal for a regulation
Article 8 – paragraph 3 – point d – point i (new)
Article 8 – paragraph 3 – point d – point i (new)
i) the need for decisions concerning children to be treated with priority
Amendment 521 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transferon the Member State of allocation concerning an unaccompanied minor shall be preceded by an multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall be done swiftly by competent staff with the qualifications and expertise to ensure that the best interests of the minor are taken into considerationexpertise in child rights, psychology and development involving the minor's guardian and legal advisor or counsellor to ensure that the best interests of the minor are respected. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 526 #
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child, when relevant with the assistance of international or other relevant organisation to facilitate the minor's access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 532 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 543 #
Proposal for a regulation
Article 9 – paragraph 2 – point 1 (new)
Article 9 – paragraph 2 – point 1 (new)
(1) In view of the application of the criteria referred to in Articles 10 to 13 and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 553 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection, unlis present, unless it is not in the best interests of the minor on the basis of the multidisciplinary besst it is demonstrated that this is not in the best interests of the minornterests assessment conducted in accordance with Article 8. Prior to such a determination the applicant shall be allowed to avail himself or herself of the procedures referred to in Article 19.
Amendment 561 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, provided that this is in the best interests of the minor.
Amendment 728 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall provide for a period of 710 days after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 738 #
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation for minor applicants and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 757 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 a (new)
Article 29 – paragraph 3 – subparagraph 1 a (new)
Minors shall not be detained; Member States shall instead accommodate minors and families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 767 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (e) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision . Especially when the transfer to the Member State responsible is carried out on a voluntary basis, the European Union Agency for Asylum shall play a key role in assuring that the applicant is effectively transferred.
Amendment 833 #
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 839 #
Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)
Article 35 – paragraph 2 – point b b (new)
(bb) the percentage of expenditure linked to migration when compared to the overall GDP
Amendment 842 #
Proposal for a regulation
Article 35 – paragraph 2 – point b c (new)
Article 35 – paragraph 2 – point b c (new)
(bc) the number of beneficiaries of international protection who are present in the territory of the Member State
Amendment 992 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 1003 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
By way of derogation from Article 35 the reference key for the corrective allocation shall be calculated using the formula in Annex Ia during the first three years following the entry into force of this Regulation.
Amendment 1015 #
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
Unemployment rate effectMS
Amendment 1017 #
Proposal for a regulation
Annex I – paragraph 2 b (new)
Annex I – paragraph 2 b (new)
Percentage of expenditure linked to migration when compared to the overall GDP effectMS
Amendment 1018 #
Proposal for a regulation
Annex I – paragraph 2 c (new)
Annex I – paragraph 2 c (new)
Number of beneficiaries of international protection present in the territory effectMS
Amendment 1019 #
Proposal for a regulation
Annex I – paragraph 3
Annex I – paragraph 3
ShareMS = 50% Population effectMS + 50% GDP effectMS + Unemployment rate effectMS + Percentage of expenditure linked to migration when compared to the overall GDP effectMS + Number of beneficiaries of international protection present in the territory effectMS
Amendment 1021 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Transitional arrangements for the calculation of the reference key in Article 35. 1. For the purpose of the corrective allocation mechanism, the reference number for each Member State shall, during a transitional period as defined in this Annex, be determined by a combination of a baseline key and the reference key referred to in Article 35. 2. The baseline reference key referred to in paragraph 1 shall be calculated by adding the lodged applications, using Eurostat figures, in Member States for the years 2011, 2012, 2013, 2014 and 2016, divided by the total amount of lodged applications within all Member States during that period. 3. The transitional reference key shall be calculated as follows a) from the entry into force until the end of the first calendar year following the entry into force ('year X') the transitional reference key should be the same as the baseline reference key b) in year X+1 the transitional reference key should be composed of 80% of the baseline reference key and 20% of the reference key in Article 35 of this regulation c) in year X+2 the transitional reference key should be composed of 50% of the baseline reference key and 50% of the reference key in Article 35 of this regulation 4. Following the expiration of the period mentioned in point (c) of paragraph 3 the reference key shall be calculated according to the provisions of Article 35.