11 Amendments of Jan-Christoph OETJEN related to 2016/0224(COD)
Amendment 91 #
Proposal for a regulation
Recital 40
Recital 40
(40) ‘Many applications for international protection are made at the external border or in a transit zone of a Member State, often by persons apprehended in connection with unauthorised crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals. After the screening, tThird- country nationals and stateless persons, where applicable after screening should be channelled to the appropriate asylum or retur, return or national protection procedure, or refused entry. A pre-entry phase consisting of screening and border procedures for asylum and return should therefore be established.’
Amendment 96 #
Proposal for a regulation
Recital 40a
Recital 40a
(40a) ‘ The purpose of the border procedure for asylum and return should be to quickly assess at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the external border or in a transit zoneany appropriate location within the territory of a Member State, including at or in the proximity to the external border or in a transit zone provided that they are in full compliance with Directive XXX/XXX/EU (Reception Conditions Directive) and that the applicants’ specific needs are properly safeguarded in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for the return of the third- country nationals and stateless persons concerned at the external borders. in a border procedure.
Amendment 114 #
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border of that Member States where appropriate facilities exist. Vulnerable groups and applicants such as children should receive specific procedural safeguards and should be immediately referred to adequate accommodation. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity at border crossing points, or sections of the external border, where the majority of the number of applications for international protection are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried out. Member States should ensure that necessary arrangements are made to accommodate vulnerable applicants such as children, in accordance with, among others, the Reception Conditions Directive. The area assigned shall not affect their right to family life and shall guarantee the access to all rights and benefits under this Directive. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 150 #
Proposal for a regulation
Recital 40h a (new)
Recital 40h a (new)
(40h a) Minors, whether accompanied or unaccompanied, shall be considered applicants in need of special procedural guarantees as specified in Article 19 (I);
Amendment 151 #
Proposal for a regulation
Recital 40h b (new)
Recital 40h b (new)
(40h b) The appointed guardians of non-accompanied minors as referred to in Article 22 (4) of this Directive shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role.
Amendment 152 #
Proposal for a regulation
Recital 40h c (new)
Recital 40h c (new)
(40h c)Given the possibility for unaccompanied minors to file complaints against their guardians referred to in Article 22.5, all unaccompanied minors shall be given information, in a child- friendly manner and in a language that they understand, about who the supervising and monitoring entities or persons are and how to report complaints against their guardians in confidence and safety.
Amendment 153 #
Proposal for a regulation
Recital 40h d (new)
Recital 40h d (new)
(40h d) Age assessment procedures as referred to in Article 24, should apply the least intrusive method and the least intrusive process, following the EASO Practical Guide on Age Assessment and must be gender- and culturally appropriate. Pending age assessment results, the applicant is to be treated as a minor and accommodated in the appropriate reception structures provided for under national law. Age assessments should take place in an adequate environment by independent, adequately trained and qualified professionals who are familiar with the applicant’s ethnic and cultural background and employ a multi-disciplinary approach which takes into account physical, developmental, psychological, environmental and cultural factors, thereby allowing for the most reliable result possible. Experts in children’s development, such as paediatricians, social workers and psychologists, shall be involved throughout the assessment procedure. Cultural-linguistic mediators or, where not possible, qualified interpreters shall support these professionals. Guardians shall be present during the examination if requested to attend by the applicant. Minors shall be informed in a language they understand and in a way that is consistent with their age and degree of maturity. They shall have the right to an effective remedy against the decision determining their age.
Amendment 154 #
Proposal for a regulation
Recital 40h e (new)
Recital 40h e (new)
(40h e) if a minor does not have the legal capacity to act in asylum procedures referred to in Article 31 (8 & 9) and the responsible adult does not make an application, the determining authority shall lodge an application on behalf of the minor, with due regard to his or her views.
Amendment 311 #
Proposal for a regulation
Article 41 – paragraph 7 a (new)
Article 41 – paragraph 7 a (new)
7a. The responsible authorities shall explore alternatives to detention in border procedures, 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 372 #
Proposal for a regulation
Article 41 – paragraph 13
Article 41 – paragraph 13
13. During the examination of applications subject to a border procedure, the applicants shallmay be kept at or in proximity to the external border or transit zonesany appropriate location within the territory of a Member State, including at or in proximity to the external border or transit zones provided that they are in full compliance with Directive XXX/XXX/EU (Reception Conditions Directive) and that the applicants’ specific needs are properly safeguarded. Each Member State shall notify to the Commission, [two months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out, at the external borders, in the proximity to the external border or transit zones, including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. Any changes in the identification of the locations at which the border procedure is applied, shall be notified to the Commission two months in advance of the changes taking effect.
Amendment 456 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point e a (new)
Article 53 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) a decision determining the applicant’s age.