9 Amendments of Lukas MANDL related to 2016/0224(COD)
Amendment 262 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Member State shall examine an application in a border procedure in the cases referred to in paragraph 1 (a) where the circumstances referred to in Article 40(1), point (c), (f) or (i), apply apply; (b) where a decision is taken on the inadmissibility of an application in accordance with Article 36; (c) following disembarkation in the territory of a Member State after a search and rescue operation.
Amendment 291 #
5. The border procedure according to paragraph 2, point (a) may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to inin cases of Article 40 (5) (b).
Amendment 300 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 9 and 117 and 9. Member States shall take all appropriate measures under relevant legislation to prevent unauthorised entry into their territory. This shall include detention in accordance with Article 8 Reception Conditions Directive.
Amendment 316 #
Proposal for a regulation
Article 41 – paragraph 9 – introductory part
Article 41 – paragraph 9 – introductory part
9. Member States shall not apply or shall cease to apply the border procedure at any stage of the procedurein exceptional individual circumstances where:
Amendment 320 #
Proposal for a regulation
Article 41 – paragraph 9 – point a
Article 41 – paragraph 9 – point a
(a) the determining authority considersan provide substantial reasoning or there is clear evidence that the grounds for rejecting anthe application as inadmissible or for applying the accelerated examination procedure are not applicable orof the border procedure no longer applicabley;
Amendment 323 #
Proposal for a regulation
Article 41 – paragraph 9 – point b
Article 41 – paragraph 9 – point b
(b) the necessary support cannot be provided to applicants with special procedural needs in the locations referred to in paragraph 14;application of the border procedure would result in a real risk of inhumane or degrading treatment for the person concerned within the meaning of Article 4 of the Charter of fundamental rights and this cannot be prevented by the application of individual guarantees and safeguards.
Amendment 327 #
Proposal for a regulation
Article 41 – paragraph 9 – point c
Article 41 – paragraph 9 – point c
Amendment 329 #
Proposal for a regulation
Article 41 – paragraph 9 – point d
Article 41 – paragraph 9 – point d
Amendment 403 #
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 120 weeks in locations at or in proximity to the external border or transit zones by applying detention according to Article 41g or where conditions for detention provided for in Article 41g are not met or no longer met by requiring them to reside at the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territoryin proximity to the external border or transit zones. The 12- 20-week period shall start from when the applicant, third-country national or stateless person no longer has a right to remain and is not allowed to remain.