15 Amendments of Olivier CHASTEL related to 2018/0329(COD)
Amendment 147 #
(7) The link between the decision on ending of the legal stay of a third-country national and the issuing of a return decision should be reinforced in order to reduce the risk of absconding and the likelihood of unauthorised secondary movements. It is necessary to ensure that a return decision is issued immediately after the decision rejecting or terminating the legal stay, or ideally in the same act or decision. That requirement should in particular apply to cases where an application for international protection is rejected, provide. This should always be under the condition that the full scope of the principle of non-refoulement under European and international law is individually assessed in the asylum procedure and that the return procedure is automatically suspended until that rejection becomes final and pending the outcome of an appeal against that rejection.
Amendment 188 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return tailored to the individual circumstances and prospects of the returnee, with particular attention for unaccompanied minors, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) another third country, to which the third-country national concerned voluntarily decides tocan safely return and in which he or she will be accepted;
Amendment 383 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the best interests of the child as the primary consideration in all decisions concerning minors;
Amendment 436 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (k) (m), (n), (o) and (p) of paragraph 1 is fulfilled.
Amendment 442 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedures, unless the third-country national can substantiate that they will leave without assistance. That obligation shall include the following in particular:
Amendment 467 #
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the duty to lodge to the competent authorities of third countries a request for obtaining a valid travel document., and fulfil requirements with regard to his or her medical condition as required by the country of origin;
Amendment 478 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals aboutin writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language on the basis of a standard template which shall be developed by the European Border and Coast Guard Agency, and in a language that the applicant understands. Where necessary, this information shall, in addition, be supplied orally and in a visual form through videos or pictograms, and shall take into account the individual circumstances, especially for vulnerable persons. This information shall include, at least, a clear overview of the return procedure, the rights and obligations during the procedure, the consequences of not complying with thean obligation referred to in paragraph 1. to return following a return decision, and the contacts of non-governmental and international organisations that can provide advice, and the options for sustainable returns, such as support and reintegration measures.
Amendment 573 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the chiland the best interests of the child shall be the primary consideration and the guardian or legal representative who is appointed to assist the unaccompanied minor shall be consulted.
Amendment 609 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The national system shall be set up in a way which ensures technical compatibility allowing for communication with the central system established in accordance with Article 50 of Regulation (EU) …/… [EBCG Regulation]. and in full compliance with all relevant EU data protection law, in particular the GDPR and the Law Enforcement Directive. The Commission shall adopt a delegated act to establish the specific legal framework for this central system and the communication with this system, including clearly identifying the purposes of the processing via this centralised system and of the categories of personal data to be processed for each of these purposes.
Amendment 680 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a risk to public policy, public security or national security, in particular where the third-country national is convicted of a serious crime.
Amendment 721 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be provided with separate accommodation guaranteeing adequate privacyMember States shall therefore establish appropriate care arrangements and accommodate minors and families with minor children. Appropriate care arrangements and reception measures for minor children and their families shall be community based, the least intrusive possible and respect the right to privacy and family life. These care arrangements should provide for personnel and facilities which take into account the needs of persons their age. Minors shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education. Unaccompanied minors shall as far as possible be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Amendment 726 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 728 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 752 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
The Commission shall report every three years to the European Parliament and the Council on the application of this Directive in the Member States and, if appropriate, propose amendments. Such report shall be accompanied by a full Commission impact assessment of the transposition and implementation of this Directive by each Member States.