32 Amendments of Moritz KÖRNER related to 2020/0279(COD)
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.