341 Amendments of Anne-Sophie PELLETIER related to 2020/0279(COD)
Amendment 166 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal and refers the text back to the Commission;
Amendment 169 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum and migration managementresponsibility-sharing and solidarity and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Text with EEA relevance) (This amendment applies throughout the whole text. Adopting it will necessitate corresponding changes throughout.)
Amendment 173 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country national and immigration, based on solidarity between Member States, which fully respects and guarantees the rights of third-country nationals as well as stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons.
Amendment 181 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 191 #
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by settIn the light of the disproportionate responsibility being oput a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU)on first Member States of entry under Regulation (EU) 604/2013, it is necessary to design a new system in full respect of Article 78(1) TFEU based on a fair share of responsibility and solidarity between Member States for applications for international protection. This Regulation should contribute to that aim by setting out a common framework for the automatic distribution of applicants for international protection across the European Union, including after a Search and Rescue operation. Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approachand to share responsibility across the European Union for the processing of applications for international protection.
Amendment 199 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 210 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 217 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 225 #
Proposal for a regulation
Recital 7
Recital 7
(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.
Amendment 232 #
Proposal for a regulation
Recital 8
Recital 8
(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Management Strategyhe Commission should present every year a report on the implementation of EU asylum and migration management policies. The Strategycquis. This report should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States, Member States, UNHCR, the Council of Europe and other international organisations as well as reports from Civil Society Organisations. This report should serve as a basis to carry out infringement procedures and ensure compliance with EU and international law.
Amendment 239 #
Proposal for a regulation
Recital 9
Recital 9
(9) National strategies of theInformation provided by Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level.
Amendment 244 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure that an effective monitoring system is in place to ensure the application of the asylum acquis, the results of the monitoring undertaken by the European Union Asylum Agency, and Frontex, of the evaluations carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation]by independent human rights bodies such as the Council of Europe, national ombudspersons, UNHCR should also be taken into account in these strategiereports.
Amendment 247 #
Proposal for a regulation
Recital 11
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparentidentifying infringements of EU asylum acquis at the earliest stage possible, the Commission should also include the results of the reporting on monitoring the implementation of EU asylum acquis in each Member State, and initiate infringement procedures in case of non- compliance. Particular attention should be paid to the access to the asylum procedure on EU's territory as well as at the EU's external borders.
Amendment 255 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challengeshave been providing effective access to international protection on their territory and comply with the principle of non-refoulement. Those Member States should also be able to rely on the use of the ‘solidarity pool’an automatic distribution mechanism that will provide for the relocation of vulnerable personapplicants.
Amendment 261 #
Proposal for a regulation
Recital 13
Recital 13
(13) For the effective implementation of the common frameworksystem based on solidarity and to identify gaps, address challenges, the Commission should monitor and prevent the building up of migratory pressure, the Commission should monitor and regularly report on the migratory situatgularly report on the implementation of the EU asylum acquis. The Commission should monitor and regularly report on the respect of fundamental rights of applicants for international protection in the Union.
Amendment 270 #
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 applicatimplementation of the EU asylum acquis in full respect of the fundamental rights of applicants and a fair sharing of responsibility are essential elements of a well-functioning system of Unions as well as contributing to effective access to international protection for those in needylum.
Amendment 280 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 298 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism based on relocation of applicants should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Stateensure that family and other meaningful links of the applicant are taken into account.
Amendment 306 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 311 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) An EU relocation coordinator will be responsible for improving coordination between Member States in the implementation of the solidarity mechanism. The coordinator would work closely with the Asylum Agency who would provide the technical support by establishing the key reference key for the distribution of asylum seekers, developing information material and be responsible for the transfer of applicants for, and beneficiaries of international protection in all cases provided under this Regulation.
Amendment 317 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressureThe automatic distribution mechanism foreseen in this Regulation should be also applicable to people disembarked following search and rescue operations.
Amendment 328 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 344 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, with the assistance of Union Agencies, should facilitate there should be a swift relocation of eligible applicants for international protection who are not in the border procedure. Under the coordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing. The European Union Asylum Agency should assist by determining the Member States responsible based on the criteria set out in Chapter II and ensuring the transfer to the Member States responsible.
Amendment 352 #
(21) Persons disembarkedAll applicants for international protection should be distributed in a proportionate manner among the Member States while fully taking into account family and other meaningful links of the applicants in the determination of the Member State responsible.
Amendment 354 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 371 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 382 #
Proposal for a regulation
Recital 24
Recital 24
(24) Theis solidarity mechanism should also addressbe adapted in situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addresscrisis linked to a disproportionate arrival of applicants for international protection to a Member State. For this purpose, a prima facie procedure for international protection has been set up ing the situation of migratory pressureCrisis Regulation.
Amendment 389 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 405 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 411 #
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. _________________ 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. 34ensure a fair sharing of responsibility between Member States.
Amendment 428 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, wThe European Asylum Agency should set up an automated distribution system that would ensure a fair sharing of responsibility among Member States. Where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measuress are themselves benefitting Member States they should not be obliged to be a contributing Member State.
Amendment 437 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 452 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 462 #
Proposal for a regulation
Recital 31
Recital 31
(31) A distribution key based on the size of the population and of, the economy of the Member States and the unemployment rate should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State and ensure a fair sharing of responsibilities among Member States. The European Union Asylum Agency should establish this distribution key and set up an automated system to implement the solidarity mechanism. In case no criteria based on family and meaningful links can be applied, and the motivated application to any Member States based on other links was rejected, the applicant should be relocated to Member States which are below their share of applications on the basis of the distribution key. In such case, the applicant can choose between the 5 Member States with the lowest share of applications. After the transfer, the Member State of allocation should examine the application as the Member State responsible.
Amendment 469 #
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should be able to take, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressureprovide additional relocation places on a voluntary basis to assist that Member State. In order to incentivise voluntary solidarity through additional relocations, those relocations should be supported financially by the AMIF fund.
Amendment 474 #
(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 respecting the principle of non- refoulement, are considered as safe countries for third-country nationalsArticle 18 of the Charter of Fundamental Rights of the European Union provides that the right to asylum is guaranteed with due respect for the rules 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’) and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union.
Amendment 480 #
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. If no family or other meaningful links can be found during the procedure of the determination of the Member State responsible, the applicant should be able to make a written, duly motivated request to be relocated to any Member States, in particular on the basis on cultural or social ties, language skills or other links that could facilitate his or her integration into a specific Member State and could not be taken into account under meaningful links as defined in this Regulation. These applications would be submitted by the determining Member State to these Member States, who would then apply the discretionary clause. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 486 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) In order to increase applicants' understanding of the CEAS and the solidarity mechanism under this regulation, it is necessary to improve the provision of information significantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand the procedures linked to this regulation. The Asylum Agency should in this regard develop suitable information material, in close cooperation with national authorities. In order to assist applicants, the agency should also develop audio-visual information material complementary to written information material. The information material should be translated and made available in all the major languages spoken by applicants for international protection arriving in the Union. As different categories of applicants have differing information needs, information would need to be provided in different ways and adapted to those needs. It is particularly important to ensure that minors have access to child- friendly information that is specific to their needs and situation.
Amendment 487 #
Proposal for a regulation
Recital 34 b (new)
Recital 34 b (new)
(34b) Particular attention should be paid to identifying victims of trafficking in human beings, including directly after a Search and Rescue operation in order to offer protection and prevent them for being trafficked further into the Union. Suspicion of trafficking should be sufficient to transfer the person to a safe shelter.
Amendment 488 #
Proposal for a regulation
Recital 34 c (new)
Recital 34 c (new)
(34c) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining the application for international protection unless the information provided by the applicant is sufficient and the applicant does not request to be heard. As soon as the application for international protection is made, the applicant should be informed about the application of this Regulation, and the procedures and criteria being used to determine a Member State responsible. The applicant should be informed of the necessity to present all information which is relevant for determining the Member State responsible, in particular the presence of family members or relatives in the Member States, as well as former residence, visas and educational diplomas. The applicant should be fully informed about his or her rights, including the right to effective remedy and free legal assistance. The information to the applicant should be provided in a language that he or she understands, in a concise, intelligible, and easily accessible form, using clear and plain language.
Amendment 489 #
Proposal for a regulation
Recital 34 d (new)
Recital 34 d (new)
(34d) The person conducting the personal interview should have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Staff interviewing applicants should also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indicators showing that the person may have been tortured or victim of gender- based violence in the past.
Amendment 490 #
Proposal for a regulation
Recital 34 e (new)
Recital 34 e (new)
(34e) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. An effective remedy should also be provided in situations when no transfer decision is taken but the applicant claims that another Member State is responsible. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.
Amendment 492 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 505 #
Proposal for a regulation
Recital 37
Recital 37
Amendment 511 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State than the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement schemThis Regulation should also apply to beneficiaries of international protection; following their consent to be relocated to another Member state.
Amendment 521 #
Proposal for a regulation
Recital 39
Recital 39
(39) At the same time, and given the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long- term resident status in a shorter period of time should be provided for. Beneficiaries of international protection, as well as beneficiaries of protection under the 1954 Convention Relating to Stateless Persons, should be able to obtain long-term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third- country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly. _________________ 42Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.
Amendment 526 #
Proposal for a regulation
Recital 40
Recital 40
(40) For reasons of efficiency and legal certainlty, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.
Amendment 530 #
Proposal for a regulation
Recital 41
Recital 41
(41) Directive XXX/XXX/EU [Reception Conditions Directive] of the European Parliament and of the Council43 should apply to theall procedure for the determination of the Member State responsible as regulated under this Regulation, subject to the limitations in the application of that Directive. _________________ 43 Directive XXX/XXX/EU (full text)
Amendment 539 #
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 childfundamental principle of the best interests of the child as well as the right to family reunification should be athe primary consideration of Member States when applying this Regulation. In assessing the best interests of the child in the short, medium and long-term, 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. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 544 #
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family lifeprivate and family life as well as the principle of non-discrimination should be athe primary consideration of Member States when applying this Regulation.
Amendment 547 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.
Amendment 550 #
Proposal for a regulation
Recital 45
Recital 45
Amendment 558 #
Proposal for a regulation
Recital 46
Recital 46
(46) TIn order to ensure family unity, the processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. The processing together of the applications of a family is without prejudice to the right of an applicant to make an application individually.
Amendment 577 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect forcompliance with 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 including 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 unless it is demonstrated that this is not in their best interests, i of the child. 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 registeredis currently present, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individual guarantees from that Member State that it 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 staffa multidisciplinary team with the necessary qualifications and expertise and the participation of his or her representative and legal advisor.
Amendment 592 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) Where a person has a previous legal residence in an EU Member State, that Member State should be responsible for the examination of the application and a swift transfer should be made.
Amendment 593 #
(50b) Where a person is found to have meaningful links to different EU Member States, the person should be able to choose to which Member State make the request to be responsible.
Amendment 596 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 607 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 614 #
(53a) To increase the prospects of integration and facilitate the administrative processing of applications for international protection, it is beneficial to ensure that applicants who wish to be transferred together can register and be transferred under the automated distribution mechanism as a group to one Member State rather than to be split up between several Member States. The applicants themselves should be able to determine their group and can have the choice between the five Member States with the lowest share of application in accordance with the distribution mechanism. Where an applicant qualifies for reunification with family members or other meaningful links or a Member State has chosen to assume responsibility for the application under the discretionary provisions of this Regulation, including upon the motivated request of the applicant, the applicant should not be able to form part of a group in the context of the automated distribution mechanism. Where an applicant belonging to a group cannot be transferred because of, for example health reasons, it should be possible to transfer the other members of the group or parts of the group to the Member State of allocation before the applicant who cannot be transferred. Once the obstacles to the transfer of the remaining applicant are resolved he or she should be transferred to the same Member State as the rest of the group.
Amendment 620 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 628 #
Proposal for a regulation
Recital 55
Recital 55
(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does explicitly request not to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the obligations under this Regulation and of the consequences of not comof his or her rights as well as of the obligations under this Regulation and of the consequences of not complying with them and of the necessity to present all information which is relevant to determining the Member State responsible, in particular the presence of family members in the Member States and other meaningful links. The applicant should also be fully informed about his or her rights, including the right to an effective remedy and legal assistance. The information should be provided in a language that he or she understands and can communicate in, in a concise, transparent, intelligible and easily accessible form, using clear and plyaing with them language.
Amendment 633 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 642 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 650 #
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that aA person should not be held in detention foron the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulationbasis of this Regulation. Detention or confinement of children, whether unaccompanied or within families, is never in their best in terespect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulationts and always constitutes a child’s rights violation. It should therefore be prohibited.
Amendment 662 #
Proposal for a regulation
Recital 61
Recital 61
(61) In accordance with Commission Regulation (EC) No 1560/200345 , transfers to the Member State responsible for examining an application for international protection mayshall 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 person concerned 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. _________________ 45Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, OJ L 222, 5.9.2003, p. 3.
Amendment 667 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure a clear and efficient relocation procedure, specific rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation except where they are not relevant for such a procedure.
Amendment 675 #
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.
Amendment 679 #
Proposal for a regulation
Recital 64
Recital 64
(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or and simplifying the processing of take charge requests or take back notifications, or establishing procedures for the performance of transfers.
Amendment 689 #
Proposal for a regulation
Recital 68
Recital 68
Amendment 695 #
Proposal for a regulation
Recital 70
Recital 70
(70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks. _________________ 47Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1.
Amendment 698 #
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Member States as well as the Union agencies should take all proportionate and necessary measures to ensure that the data is stored in a secure way.
Amendment 708 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 717 #
Proposal for a regulation
Recital 74
Recital 74
(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level with children's rights NGOs and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 725 #
Proposal for a regulation
Recital 78
Recital 78
(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodgregistered in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressure, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 737 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 746 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a mechanism for solidarity and fair-sharing of responsibility;
Amendment 751 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty on the Functioning of the European Union (TFEU) and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53 ; _________________ 53Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.
Amendment 754 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 757 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘application for international protection’ or ‘application’ means a request for protection made to a Member State by a third-country national or a stateless person, who can be understood as seeking refugee status or subsidiary protection status; pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, who can be understood as seeking refugee status or subsidiary protection status; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 764 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, who has made an application for international protection in respect of which a final decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to rema (This amendment applies throughout the text. Adopting in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];t will necessitate corresponding changes throughout.)
Amendment 772 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation], excluding procedures for determining the Member State responsible in accordance with this Regulation;
Amendment 774 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation]; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 778 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States:
Amendment 785 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,
Amendment 790 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the 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 or recognised under national law, as well as other children for whom they hold parental responsibility
Amendment 796 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 802 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or herthe beneficiary of international protection whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 812 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v a (new)
Article 2 – paragraph 1 – point g – point v a (new)
(va) the member of households that existed in the country of origin
Amendment 814 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent or cousin or nephew or niece who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 819 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, below the age of 18 years;
Amendment 823 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring t, including a public authority designated by the competent authorities or bodies, with the necessary skills and expertise, including regarding the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard his or her best interests of the child and exercising legal capacand general well-being and so that the unaccompanied minor can benefity forom the minor where necessary;rights under this Regulation.
Amendment 828 #
Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
Article 2 – paragraph 1 – point k a (new)
(ka) 'person of trust' means any person nominated by the applicant to accompany him or her to the personal interview.
Amendment 830 #
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) ‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in this Regulation or during the examination of an application for international protection or an application for a residence permit;
Amendment 835 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study in a recognised, state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;
Amendment 837 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘education establishment’ means any type of public or private education or vocational training establishment established in a Member State and recognised by that Member State or considered as such in accordance with national law or whose courses of study or training are recognised in accordance with national law or administrative practice, regardless of what such an establishment may be called, or any institution which, in accordance with national law or practice, offers vocational education or training;
Amendment 840 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the intentional action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;
Amendment 844 #
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the proven existence of specific reasons and circumstances in an individual case, following an individual assessment which areis based on objectivean exhaustive list of objective and specific criteria defined by national law to believe that an applicant who is subject to a transfer procedure may abscondand in line with standards developed by the European Union Agency for Fundamental Rights to believe that an applicant who is subject to a transfer procedure may abscond, not including criteria of a general nature such as merely being an applicant within the meaning of [APR Regulation], or one's nationality;
Amendment 852 #
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in Chapters I-III of Part IV of this Regulation;relocation including after disembarkations following search and rescue operations
Amendment 859 #
Proposal for a regulation
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘contributing Member State’ means a Member State that contributes, on a voluntary basis through the discretionary clause or additional pledges, or is obliged to contribute to the solidarity measures torelocation from a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;
Amendment 862 #
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 866 #
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons, from the territory of a benefitting Member State to the territory of a contributing Member State;
Amendment 878 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
Amendment 895 #
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegalrregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.
Amendment 898 #
Proposal for a regulation
Part II – title
Part II – title
II COMMON FRAMEWORK FOR ASYLUM AND MIGRATION MANAGEMENTASYLUM POLICIES
Amendment 904 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Comprehensive approach to asylum and migration managementmon actions in the field of asylum
Amendment 906 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
The Union and the Member States shall take common actions in the field of asylum, and migration management on the basis of a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist ofddressing in particular the following components:
Amendment 914 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 930 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 932 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 942 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 951 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea, including through the funding of a proactive transnational civil Search and Rescue operation in the Central Mediterranean;
Amendment 956 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) access to procedures for granting and withdrawing international protection on Union territory and recognition of third- country nationals or stateless persons pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Person as refugees or beneficiaries of subsidiary protection;
Amendment 961 #
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ensure through proactive measures, that any third-country national or stateless person on their territory, including at the external border, in the territorial sea or in their transit zones or at border crossing points, including transit zones at external borders, can reasonably be expected to apply for international protection in a Member State and are given the effective possibility to be registered in accordance with the provisions of Regulation (EU) XXXX/XX [Asylum procedures Regulation]
Amendment 966 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules andfamily and other meaningful links, and the automated distribution mechanisms for solidarity;
Amendment 973 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions in accordance with the Reception Conditions Directive;
Amendment 977 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 986 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 993 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) full deployment and use of the operational tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU- LISA and Europol, as well as large-scale Union Information Technology systems;of the Asylum Agency
Amendment 996 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
Amendment 1000 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 1001 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 1010 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies. policies that comply fully with EU and international law, including with regard to fundamental rights.
Amendment 1016 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States, with the support of Unionthe Asylum Agenciesy, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3policies, including the necessary human and financial resources and infrastructure.
Amendment 1026 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1040 #
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, grant such protection to those who are in need and ensure the return of those who are illegally stayingand other national protection procedures offering a right to stay for compassionate, humanitarian or other reasons;
Amendment 1042 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 1068 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide support to other Member States in the form of solidarity contriburelocations on the basis of needscriteria set out in Chapters I-III of Part IV II;
Amendment 1070 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 1078 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [Integrated Border Management Fund].
Amendment 1083 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 1086 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level andould present every year a report on the implementation of EU asylum and migration management policies in accordance with the principles set out in this Partcquis. The Commission shall transmit the Strategyreport to the European Parliament and the Council.
Amendment 1093 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The European Asylum and Migration Management Strategyreport shall take into account the following:
Amendment 1099 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the national strategielegislations of the Member States referred to paragraph 3 of this Article;
Amendment 1100 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 1104 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from the Asylum Agency and the European Union aAgenciey for Fundamental Rights;
Amendment 1110 #
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355 . _________________ 55Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, OJ L 295, 6.11.2013, p. 27relevant reports and analyses produced by UNHCR, the Council of Europe and other international organisations as well as reports from Civil Society Organisations.
Amendment 1112 #
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
(da) the evolving jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights
Amendment 1116 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 1122 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 1132 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first European Asylum and Migration ManagementBased on the report, the European Commission should initiate infringement procedures to ensure compliance. The Member Strategys shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Migration Management Report shall be issuedpresent a timeline by which they will ensure compliance with the EU acquis by [one year after the entry into force of this Regulation]publication of the report at the latest.
Amendment 1137 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratoryasylum situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its NetworkFundamental Rights Agency, international organisations such as UNHCR and the Council of Europe, Civil Society Organisations and independent international and national human rights mechanism.
Amendment 1139 #
Proposal for a regulation
Article 7
Article 7
Amendment 1173 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a EU Relocation coordinator 1. With a view to supporting the implementation of the distribution mechanism under this Regulation, the Commission shall appoint an EU Relocation coordinator, who will coordinate the relocation from the benefitting Member State to the contributing Member States. 2. In its tasks, the EU Relocation coordinator should be assisted by an Office in order to support coordination between the Member States to ensure the streamlining of procedures. 3. The EU relocation coordinator would be supported by the Asylum Agency who is tasked to calculate the distribution key, to set up and manage the Automated software to distribute applicants for international protection according to the criteria set in this Regulation.
Amendment 1175 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person pursuant to Article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons, who applies on the territory of any one of them, including at the border or in the transit zones. The application for international protection shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.
Amendment 1186 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. 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 registered shall be responsible for examining itset out in Chapter II, the Member State responsible for examining the application for international protection shall be determined in accordance with the procedure set out in Article 31a.
Amendment 1194 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of F applicant or beneficiary of international protection would be subjected to a risk of a serious violation of his or her fundamental Rrights ofin the European Unionat Member State, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.
Amendment 1199 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 1203 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1209 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 1212 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 1217 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1224 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person pursuant to Article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons, intends to make an application for international protection, the application shall be made and registered in the Member State of first entry, that shall determine the Member State responsible according to the criteria set out in this Regulation.
Amendment 1232 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visa, the application shall be made and registered in the Member State that issued the residence permit or visa unless there is a risk of violation of fundamental rights for the applicant.
Amendment 1238 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Where a third-country national or stateless person, pursuant to Article 1 (1) of the 1954 Convention relating to the Status of Stateless persons, who intends to make an application for international protection is in possession of a residence permit or visa which has expired, the application shall be made and registered in the Member State where he or she is present.
Amendment 1245 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements andbefore the competent authority takes a decision on the responsible Member State in accordance with this Regulation, all information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submitIt shall be made possible that additional evidence tois substantiamitted after the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidencetake charge request is sent. The circumstances of the individual case shall be taken into account.
Amendment 1250 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The applicant shall be required to be present in:
Amendment 1252 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Where a transfer decision is final and notified to the applicant in accordance with Article 32(2) and Article 57(8), the applicant shall comply with that decision. the applicant shall have the right to challenge the transfer decision and benefit from free legal assistance in accordance with the right to an effective remedy enshrined in Article 47 of the Charter.
Amendment 1257 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. TheAn applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive sanctioned for entering any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligationsMember State in which he or she is obliged to be present in accordance with Article 31 of the Geneva Convention.
Amendment 1268 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities.
Amendment 1280 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, and in particular:
Amendment 1283 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass a choice by the applicant in relation to either thewhich Member Sstate shall be responsible for examining the application for international protection or the Member State of relocation;, except in the situation provided under the terms set out in the procedure set out in Article 31a.
Amendment 1289 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pdursuant to Article 9(4), in particular that the applicant shall only be entitled toing the phases in which the Member state responsible under theis recepgulation conditions as set out in Article 10(1)is being determined;
Amendment 1295 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration; including the specific criteria applied and Member States requested or notified in the individual case
Amendment 1296 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aimpurpose of the personal interview pursuant to Article 12 and of the obligprovisions relationg to submit and substantiate orally or through the provision of documents informationfamily reunification and, in that regard, of the applicable definition of family members and relatives as well as of the need for the applicant to disclose as soon as possible in the procedure any relevant information that could help to establish the presencewhereabouts of family members, or relatives or any other family relationspresent in other Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1304 #
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) of the obligationneed for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas;
Amendment 1305 #
Proposal for a regulation
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
(ea) of the possibility under Article 25 to request the discretionary clause be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1308 #
Proposal for a regulation
Article 11 – paragraph 1 – point e b (new)
Article 11 – paragraph 1 – point e b (new)
(eb) of the possibility, if no family or other meaningful links can be found during the procedure of the determination of the Member State responsible, to make a written, duly motivated request to be relocated to any Member States, in particular on the basis on cultural or social ties, language skills or other links that could facilitate his or her integration into a specific Member State and could not be taken into account under meaningful links as defined in this Regulation. These applications would be submitted by the determining Member State to these Member States, who would be able on a voluntary basis to accept responsibility;
Amendment 1310 #
Proposal for a regulation
Article 11 – paragraph 1 – point e c (new)
Article 11 – paragraph 1 – point e c (new)
(ec) of the possibility for the applicant under Article 31a to choose between the five Member States with the lowest share of applicants pursuant to the distribution key as referred to in Article 54 and the possibility to register as a group to be relocated together;
Amendment 1313 #
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility tof and arrangements for challenge a ing a transfer decision within the and of the existence of the right to have an effectimve limit set remedy before a court in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in Article 33(1);or tribunal in accordance with Article 33, including in a situation where no transfer decision is issued.
Amendment 1318 #
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved;and representation free of charge at all stages of the procedure. This right is without prejudice to the applicant's right to choose his or her own legal representative at his or her own cost.
Amendment 1322 #
Proposal for a regulation
Article 11 – paragraph 1 – point g a (new)
Article 11 – paragraph 1 – point g a (new)
(ga) The legal assistance and representation shall, at least, include: (a) the provision of information on the procedure in the light of the applicant's individual circumstances; (b) assistance in the preparation of the personal interview and supporting documents and evidence to be provided as part of the interview, including participation in the personal interview; (c) an explanation of the reasons for and consequences of a transfer decision as well as information as to how to challenge that decision or how to access remedies in situations where no transfer decision is taken. (d) preparation of the required procedural documents and representation before a court or tribunal In complying with this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Amendment 1325 #
Proposal for a regulation
Article 11 – paragraph 1 – point j a (new)
Article 11 – paragraph 1 – point j a (new)
(ja) any other information in accordance with applicable Union or Member State law on the protection of natural persons with regard to the processing of personal data
Amendment 1337 #
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. in a concise, transparent, intelligible and easily accessible form, using clear and plain language. With regard to minors and, in particular, to unaccompanied minors, the information shall be provided in a child-friendly manner by appropriately trained staff. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. The information shall be provided as soon as the application is made. The information shall be provided both in written and oral form, in addition where appropriate with the support of multimedia equipment. It may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a responsible Member State in accordance with this Regulation. In the case of minors, information shall be provided in a child friendly manner by appropriately trained staff and with the involvement of the guardian.
Amendment 1346 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Where necessary for the applicant’s proper understanding, the information shall also be supplied orally, where appropriate in connection with the personal interview as referred to in Article 12. This information shall be adapted to the individual circumstances of the applicant.
Amendment 1347 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 a (new)
Article 11 – paragraph 2 – subparagraph 1 a (new)
The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals. In the case of minors, the competent authorities shall inform both the minor and the representative with the same modalities. The Commission shall be empowered to adopt implementing acts to establish the modalities for the provision of such information.
Amendment 1348 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. In order to increase applicants' understanding of the CEAS and the solidarity mechanism under this regulation, the Asylum Agency shall develop suitable information material, in close cooperation with national authorities, making full use of modern technologies. In order to assist applicants, the agency shall also develop audio-visual information material that can be used as a complement to written information material. The information material shall be translated and made available in all the major languages spoken by applicants for international protection arriving in the Union. The information material shall be adjusted to the different categories of applicants and their needs, in particular to ensure that minors have access to child-friendly information that is specific to their needs and situation.
Amendment 1349 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors,specific target groups such as unaccompanied minors, adult applicants and accompanied minors containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State- specific information. Insofar as this information material includes information in accordance with data protection legislation, the Asylum Agency shall closely cooperate with the EDPS, the responsible national authorities and FRA when drawing up this material.
Amendment 1360 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11. The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member State responsible, as well as aspects that would impede the transfer of an applicant due to risk of fundamental rights violations.
Amendment 1363 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 1374 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is madepursuant to Article 29 or take back request pursuant to Article 2931 is made.
Amendment 1384 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. 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. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representative and, where applicable, the minor’s legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1385 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. In addition to the presence of the legal advisor or counsellor and, where applicable, a representative during the interview, the applicant shall have the right to nominate one person of his or her trust to accompany him or her to the interview.
Amendment 1387 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a qualified person under national law. Applicants who are identified as being in need of special procedural guarantees pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation], shall be provided with adequate support including sufficient time in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsible.
Amendment 1389 #
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The person conducting the personal interview shall have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Staff interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indicators showing that the person may have been tortured or victim of gender- based violence in the past.
Amendment 1391 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 1398 #
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 1403 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
Amendment 1417 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minor shall be involved in the process of establishing the Member State responsible under this Regulation to the greatest extent possible. The representative shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose. and with due regard to confidentiality obligations to the child. The representative 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 progress in the procedures under this Regulation concerning him or her. The representative shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors. Representatives shall receive regular training and support to undertake their tasks.
Amendment 1435 #
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, in the short, medium and long term, taking into particular consideration the minor’s backgroundhis 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 1452 #
Proposal for a regulation
Article 13 – paragraph 4 – point c a (new)
Article 13 – paragraph 4 – point c a (new)
(ca) situations of vulnerability, including trauma, specific health needs and disability;
Amendment 1453 #
Proposal for a regulation
Article 13 – paragraph 4 – point c b (new)
Article 13 – paragraph 4 – point c b (new)
(cb) the guarantee of a handover to a designated representative in the receiving Member State;
Amendment 1454 #
Proposal for a regulation
Article 13 – paragraph 4 – point c c (new)
Article 13 – paragraph 4 – point c c (new)
(cc) the need for decisions concerning minors to be treated with priority;
Amendment 1456 #
Proposal for a regulation
Article 13 – paragraph 4 – point d
Article 13 – paragraph 4 – point d
(d) the views of the minor, in accordance with his or her age and maturity and in accordance with his or her right to be heard;
Amendment 1469 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 1478 #
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. For the purpose of applying Article 15, the Member State where the unaccompanied minor’s application for international protection was registered shall, as soon as possible, take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 1483 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 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 rights of the child and child psychology and development. Such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse, as well as training on good practices to prevent disappearance.
Amendment 1489 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts includdelegated acts (a) the identification of family members or relatives; (b) the criteria for establishing the existence of proven family links. The Commission shall adopt an implementing act establishing a standard form for the exchange of relevant information between Member States. Thoseis implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1495 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied in the order in which they are set out in this Chapter II.
Amendment 1512 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the applicant has a relative who is legally present in another Member State and where it is established, based on an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible, unlprovided that it is in the best interests it is demonstrated that it is not inof the child. Any decision on the Member State responsible should be preceded by a multidisciplinary assessment of the best interests of the minor.
Amendment 1514 #
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, unless it is demonstrated that this is notchild is present provided that it is in the best interests of the minorchild.
Amendment 1526 #
Proposal for a regulation
Article 15 – paragraph 6 – subparagraph 1
Article 15 – paragraph 6 – subparagraph 1
In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 13(4) and shall consult relevant experts including children's rights NGOs.
Amendment 1535 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Family members who are beneficiaries of international protectionlegally reside in a Member State
Amendment 1537 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1544 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
The processing together of the applications of a family is without prejudice to the right of an applicant to make an application individually.
Amendment 1547 #
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Where the applicant is in possession of more than one valid or expired residence document or visa issued by different Member States, the responsibility for examining the application for international protection shall be assumed by the Member States in the following order:applicant shall be able to choose the Member State where she or he want to be transferred;
Amendment 1548 #
Proposal for a regulation
Article 19 – paragraph 3 – point a
Article 19 – paragraph 3 – point a
Amendment 1549 #
Proposal for a regulation
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
Amendment 1550 #
Proposal for a regulation
Article 19 – paragraph 3 – point c
Article 19 – paragraph 3 – point c
Amendment 1551 #
Amendment 1559 #
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 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, the Member State in which that education establishment is established shall be responsible for examining the application for international protection. In this context, an education institution means any type of education institution recognised or considered as such in accordance with national law which, in accordance with national law or practice, offers recognised education degrees or other recognised qualifications, regardless of the name of such establishment, or any institution which, in accordance with national law or practice, offers vocational education or training.
Amendment 1562 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where the applicant is in possession of more than one diploma or qualification issued by education establishments in different Member States, the responsibility for examining the application for international protection shall be assumed by the Member State which issued the diploma or qualification following the longest period of study or, where the periods of study are identical, by the Member State in which the most recent diploma or qualification was obtainedapplicant shall be able to choose the Member State where she or he want to be transferred and be responsible for examining the application for international protection.
Amendment 1568 #
Proposal for a regulation
Article 21
Article 21
Amendment 1585 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
If a third-country national or a stateless person pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, enters into the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than threone years after the date on which the person entered the territory.
Amendment 1590 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, that Member State shall be responsible for examining the application.
Amendment 1592 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Where it is not possible to determine a Member State responsible in accordance with the criteria set in this Chapter, the Member State responsible shall be determined according to the procedure set out in Article 31a of this Regulation.
Amendment 1602 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a childspouse, child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the childspouse, child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1605 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the childspouse, child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the childspouse, child, sibling or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child, sibling or parent of the applicant to its territory.
Amendment 1611 #
3a. In exercising its powers to adopt delegated acts, the Commission shall consult relevant experts including child rights, medical and socio-medical experts including children's rights NGOs.
Amendment 1614 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person. pursuant to Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, registered with it, even if such examination is not its responsibility under the criteria laid down in this RegulationChapter II.
Amendment 1616 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. An applicant may request any Member State to apply this paragraph. Such a request shall be made in writing and shall be duly motivated
Amendment 1617 #
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Member State in which an application for international protection is registeredmade and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, in particular on humanitarian grounds based in particular on family or, cultural or social considerations, language skills or other meaningful links which would facilitate his or her integration even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24Chapter II. The persons concerned shallmust express their consent in writing.
Amendment 1624 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. An applicant may request a Member State in which the application for international protection was registered to apply paragraph 2. Such a request shall be made in writing, shall be duly motivated and shall be addressed to the competent authorities of the determining Member State with which that application has been registered. The competent authorities of the determining Member State shall ensure that a request of this paragraph is forwarded to the competent authorities responsible in the Member State requested by the applicant. The requested Member State shall indicate, within two weeks of receipt of the request, whether it intends to assume responsibility for the application for international protection. The requested Member State may extend the deadline by two additional weeks if this is notified to the Member State where the application for international protection was lodged in writing. If a reply has not been received within that deadline the request shall be considered to have been accepted.
Amendment 1625 #
Proposal for a regulation
Article 25 – paragraph 2 b (new)
Article 25 – paragraph 2 b (new)
2b. Where the requested Member State accepts the request in accordance with paragraph 2a, it shall become the Member State responsible. The Member State where the application for international protection was lodged shall ensure that the applicant is transferred to the Member State responsible.
Amendment 1626 #
Proposal for a regulation
Article 25 – paragraph 2 c (new)
Article 25 – paragraph 2 c (new)
2c. The Commission shall, by means of implementing acts, draw up a common form to be used for the purpose of the procedure referred to in paragraph 2a
Amendment 1628 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 1631 #
Proposal for a regulation
Article 25 b (new)
Article 25 b (new)
Article 25 b Light procedure for meaningful links 1. The determining Member State shall swiftly determine a Member State of allocation where there is, prima facie, sufficient indicators showing that an applicant has meaningful links in accordance with Article 19 or 20 with a particular Member State other than the determining Member State. 2. In establishing whether there is sufficient indicators showing that the applicant has meaningful links to a particular Member State in accordance with Article 19 or 20, the determining Member State shall base its determination on the evidence and other information provided by the applicant and shall consult relevant Union databases. The determining Member State shall also ensure that the applicant understands that he or she will not be allowed to stay in the Member State of allocation unless the evidence and information provided can be verified by that Member State. If the information provided by the applicant, or gathered through the relevant Union databases, does not give rise to manifest reasons to doubt that Article 19 or 20 applies for a particular Member State, the determining Member State shall conclude that, prima facie, there are sufficient indicators showing that the links in question meet the requirements of paragraph 1 of this Article. The competent authorities of the Member State where the applicant could have a link in accordance with 19 or 20 shall assist the competent authorities of the determining Member State with answering any questions aiming to clarify whether the alleged links are correct. 3. If the determining Member State considers, pursuant to paragraphs 1 and 2, that a particular Member State is likely, prima facie, to be the Member State of allocation in accordance with Article 19 or 20, the determining Member State shall notify the Member State of allocation and the applicant shall be transferred to that Member State. 4. The determining Member State shall transfer all the information provided by the applicant to the Member State of allocation using the 'DubliNet' electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. 5. The Member State of allocation shall, in accordance with the procedure referred to in paragraph 3, determine whether the conditions in Article 19 or 20 are met. If so, the Member State of allocation shall become the Member State responsible. 6. If it is determined that the conditions are not met, the Member State of allocation shall ensure that the applicant is relocated to another Member State responsible in accordance with the procedure laid down in Article 31a.
Amendment 1635 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) take charge, under the conditions laid down in Articles 29, 30 and 35, of an applicant whose has made an application was registeredfor international protection in a different Member State;
Amendment 1638 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) take back, under the conditions laid down in Articles 31 and 35 of this Regulation, an applicant or a third-country national or a stateless person in relation to whom that Member State has been indicated as the Member State responsible under Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 1644 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1647 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1661 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The obligation laid downs specified in Article 26(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it shall cease where the Member State responsible can be established, on the basis, when requested to take charge ofr the update of the data set referred to in Article 11(2)(c) of Regulation (EU) XXX/XXX [Eurodac Regulation], that the person concerned has left the territory of the Member States, on either a compulsoryake back an applicant or another person as referred to in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession orf a voluntary basis, in compliance with a return decisalid residence document issued by the Member State responsible. An application registered after the periond or removal order issued followf absence referred to ing the withdrawal or rejection of the applicationfirst subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1681 #
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registered with a view to completing the process of determining the Member State responsible, unless there is a risk of violations of fundamental rights.
Amendment 1697 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 1703 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 1705 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, the determining Member State may, where it considers that it is in the best interest of the minor, minor, for the purpose of calculating the deadlines referred to in the first and second subparagraphs of this paragraph, time shall start to run when a representative has been appointed and when the best interests assessment pursuant to Article 13 has been concluded. Additionally, the determining Member State may continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1710 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, or the determining Member State may, where it considers that it is in the best interest of the minorrequest is based on Article 16, 17, 18 or 24 the determining Member State shall, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1718 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1723 #
Proposal for a regulation
Article 30 – paragraph 4 – introductory part
Article 30 – paragraph 4 – introductory part
4. The Commission shall, by means of implementingdelegated acts, establish, and review periodically, two lists, indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1725 #
Proposal for a regulation
Article 30 – paragraph 4 – point a – point ii
Article 30 – paragraph 4 – point a – point ii
(ii) the Member States shall provide the Committee provided for in Article 67ssion with models of the different types of administrative documents, in accordance with the typology established in the list of formal proofs;
Amendment 1727 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. The requested Member State shall acknowledge its responsibility if thafter considering all available circumstantial evidence, is coherent, verifiable and sufficiently detailed to establish responsibilityncluding photos, proof of contact and witness statements to make a fair appraisal of the relationship.
Amendment 1734 #
Proposal for a regulation
Part III – Chapter V – Section III – title
Part III – Chapter V – Section III – title
III Procedures for take back notificationrequests
Amendment 1742 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1749 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit.
Amendment 1756 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. A take back notificationrequest shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned.
Amendment 1762 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall aconfirm receipt of the notificationrequest to the Member State which made the notificationrequest within onefour weeks, unless the notifirequested Member State can demonstrate within that time limit that its is not responsibility has ceasedle pursuant to Article 27.
Amendment 1775 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1777 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Allocation of applicants with no meaningful links 1. Where the Member State responsible cannot be determined in accordance with the criteria set out in Chapters II, the determining Member State shall communicate to the applicant that his or her application for international protection will be examined by a Member State of allocation. 2. On the basis of the distribution key referred to in Article 54, a short list of five Member States with the lowest number of applicants relative to their share pursuant to that distribution key shall be determined by means of the automated system referred to in Article 45. 3. The determining Member State shall communicate the short list referred to in paragraph 2, together with information about the Member States on that short list, to the applicant. Within five days of that communication the applicant shall be given the opportunity to select a Member State of allocation among the five Member States included in the short list. If the applicant does not select a Member State in accordance with the first subparagraph of this paragraph, the determining Member State shall allocate the applicant to the Member State on the short list with the lowest number of applicants relative to their share pursuant to the distribution key referred to in Article 54 when the list was compiled in accordance with paragraph 2 of this Article. 4. Paragraphs 1, 2 and 3 shall apply mutatis mutandis in the case where applicants have registered as families, relatives or groups of applicants having requested to be registered as travelling together. In cases where a unanimous selection cannot be reached between the members of the group, each of the members of the former group shall be able to select a Member State of allocation, from the list drawn up for the former group, in accordance with paragraph 2. Where a selection is not communicated to the determining authorities within the five days, the applicant shall be allocated to the Member State with the lowest number of applicants relative to their share pursuant to the distribution key referred to in Article 54 when the list was compiled in accordance with paragraph 2.
Amendment 1782 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notificationrequest as regards persons referred to in Article 26(1), point (b), (c) and (d) shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1790 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delin 5 days of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1792 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. If a legal advisor or other counsellor is representing the person concerned, Member States may choose toshall notify the decision to such legal advisor or counsellor instead of to the person concerned and, where applicable,and communicate the decision to the person concerned.
Amendment 1797 #
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. Without prejudice to the applicant's right to choose his or her own legal advisor or other counselor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance and intercultural mediation, at all stages of the procedure provided for in this Regulation
Amendment 1801 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available, the right to apply for suspensive effect and the time limits applicable for seeking such remedies and for carrying out the transfer, in a language that the person concerned understands orand is reasonably supposed to understandable to communicate in.
Amendment 1806 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (a), (b), (c) and (d) shall have the right to an effective remedy enshrined in Article 47 of the Charter, in the form of an appeal or a review, in fact and in law, against a transfer decision or a decision to reject a take charge request, before a court or tribunal.
Amendment 1810 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 1816 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall provide for a period of twoat least four weeks after the notification of a transfer decision or a decision to reject a take charge request within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. No transfer shall take place before the decision on the appeal or review is taken.
Amendment 1820 #
Amendment 1831 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Without prejudice to the applicant's right to choose his or her own legal advisor or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation and, where necessary, to linguistic assistance. and intercultural mediation, at all stages of the procedure provided for in this Regulation.
Amendment 1836 #
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge at the earliest stage possible where the person concerned cannot afford the costs involved. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1840 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1843 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1849 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 4
Article 33 – paragraph 5 – subparagraph 4
Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation.
Amendment 1856 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or shbased on this Regulation. If Member States choose ias subject to the procedure established by this Regulationa measure of last resort to detain people, the following safeguards shall apply.
Amendment 1861 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a proven significant risk of absconding, Member States may as a measure of last resort detain the person concerned in order to secure a transfer proceduresdecision after a final transfer decision has been taken and notified in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances. Minors and vulnerable persons shall not be detained. Member States shall accommodate minors, families with minors and vulnerable applicants in non- custodial, community-based placements while their application is processed.
Amendment 1880 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notificationrequest shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1887 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Where a person is detained pursuant to this Article, the transfer of that person from the requesting or notifying Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within four weeks of:
Amendment 1889 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 – point a
Article 34 – paragraph 3 – subparagraph 2 – point a
(a) the date on which the request was accepted or the take back notification was confirmed, or
Amendment 1891 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 3
Article 34 – paragraph 3 – subparagraph 3
Where the requesting or notifying Member State fails to comply with the time limits for submitting a take charge request or take back notificationrequest or to take a transfer decision within the time limit laid down in Article 32(1) or where the transfer does not take place within the period of four weeks referred to in the third subparagraph of this paragraph, the person shall no longer be detained. Articles 29, 31 and 35 shall continue to apply accordingly.
Amendment 1896 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.
Amendment 1900 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. As regards the detention conditions which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.
Amendment 1907 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). TIn the case of take charge request only, that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 1914 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2
Article 35 – paragraph 1 – subparagraph 2
If transfers to the Member State responsible are carried out by supervised departure or under escort, Member States shall ensure that they are carried out in a humane manner and with full respect forcompliance with fundamental rights and human dignity.
Amendment 1915 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 3
Article 35 – paragraph 1 – subparagraph 3
Amendment 1924 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
Amendment 1927 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1938 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) or (d), shall communicate to the Member State responsible such personal data concerning the person to be transferred as is adequate, relevantnecessary, proportionate and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable asylum legal instruments. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.
Amendment 1945 #
Proposal for a regulation
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) an assessment of the age of an applicant; where relevant
Amendment 1947 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of implementingdelegated acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 1952 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 1962 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The Commission shall, by means of implementingdelegated acts, adopt uniform conditions and practical arrangements for exchanging the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 1964 #
Proposal for a regulation
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. EachThe determining Member State shall communicate to any Member State that sothe responsible Member State, and the other way around, that requests such personal data concerning the person covered by the scope of this Regulation, as is adequate, relevant and limited to what is necessary fornecessary, proportionate and limited to the purpose of:
Amendment 1965 #
Proposal for a regulation
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) personal details of the person concerned, and, where approprinecessary and proportionate, his or her family members, relatives or any other family relations (full name and where appropriaterelevant, former name; nicknames or pseudonyms; nationality, present and former; date and place of birth);
Amendment 1966 #
Proposal for a regulation
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
(b) identity and travel papers (references, validity, date of issue, issuing authority, place of issue, etc.);
Amendment 1967 #
Proposal for a regulation
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
(c) other information necessary for establishing the identity of the person concerned, including biometric data taken of the applicant by the Member State, in particular for the purposes of Article 57(6) of this Regulation, in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 1970 #
Proposal for a regulation
Article 40 – paragraph 2 – point d
Article 40 – paragraph 2 – point d
(d) places of residence and routes travelled;
Amendment 1972 #
Proposal for a regulation
Article 40 – paragraph 2 – point f
Article 40 – paragraph 2 – point f
(f) the place where the application was lodgedmade;
Amendment 1973 #
Proposal for a regulation
Article 40 – paragraph 2 – point g
Article 40 – paragraph 2 – point g
(g) the date on which any previous application for international protection was lodgedmade, the date on which the current application was registered, the stage reached in the proceedings and the decision taken, if any.
Amendment 1979 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Any request for information shall only be sent in the context of an individual application for international protection or transfer for the purpose of relocation. It shall set out the grounds on which it is based and, where its purpose is to check whether there is a criterion that is likely to entail the responsibility of the requested Member State, shall state on what evidence, including relevant information from reliable sources on the ways and means by which applicants enter the territories of the Member States, or on what specific and verifiable part of the applicant’s statements it is based. Such relevant information from reliable sources is not in itself sufficient to determine the responsibility and the competence of a Member State under this Regulation, but it may contribute to the evaluation of other indications relating to an individual applicant.
Amendment 1985 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, or take back notifications and, if applicable, complying with their obligations under Chapters I-III of Part IV.
Amendment 1990 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. The Commission shall, by means of implementing acts, establish secure electronic transmission channels between the authorities referred to in paragraph 1 and between those authorities and the Asylum Agency for transmitting information, biometric data taken in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation], requests, notifications, replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1991 #
Proposal for a regulation
Article 42 – paragraph 1 – point c
Article 42 – paragraph 1 – point c
(c) solidarity contributions made pursuant to Chapters I-III of Part IV.relocation
Amendment 2005 #
Proposal for a regulation
Part IV – Chapter I – title
Part IV – Chapter I – title
I SOLIDARITY MECHANISMS
Amendment 2007 #
Proposal for a regulation
Article 45 – title
Article 45 – title
Amendment 2019 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressure orincluding subject to disembarkations following search and rescue operations shall consist of the following types:
Amendment 2027 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];
Amendment 2031 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2038 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1) with the consent of the beneficiary of international protection;
Amendment 2043 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2059 #
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. Relocation of applicants for the examination of an application of international protection shall be automatic and obligatory pursuant to the criteria set out in Chapter II and to the distribution key set out in Article 54.
Amendment 2068 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2084 #
Proposal for a regulation
Article 46
Article 46
Amendment 2089 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 2100 #
Proposal for a regulation
Article 47
Article 47
Amendment 2137 #
Proposal for a regulation
Article 48
Article 48
Amendment 2179 #
Proposal for a regulation
Article 49
Article 49
Amendment 2201 #
Proposal for a regulation
Article 50
Article 50
Amendment 2272 #
Proposal for a regulation
Article 51
Article 51
Amendment 2303 #
Proposal for a regulation
Article 52
Article 52
Amendment 2355 #
Proposal for a regulation
Article 53
Article 53
Amendment 2390 #
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (540% weighting).
Amendment 2396 #
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) the unemployment rate (20%)
Amendment 2405 #
Proposal for a regulation
Article 55
Article 55
Amendment 2427 #
Proposal for a regulation
Article 56
Article 56
Amendment 2449 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
Amendment 2451 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
Amendment 2458 #
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concernthe person to be relocated is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. The applicant shall be fully informed and consulted in the procedure of determination of the meaningful links and shall have the right to challenge a decision. Where meaningful links as defined under this regulation exist in more than one Member State, the applicant shall be able to decide to which Member State to be transferred. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing.
Amendment 2464 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Amendment 2470 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Amendment 2478 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 2486 #
Proposal for a regulation
Article 57 – paragraph 6
Article 57 – paragraph 6
Amendment 2492 #
Proposal for a regulation
Article 57 – paragraph 7 – introductory part
Article 57 – paragraph 7 – introductory part
7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public orderfamily and other meaningful links, the Member State of relocation shall confirm within one week that it will relocate the person concerned.
Amendment 2494 #
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 2511 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Member State of relocation shall inform the benefitting Member State and the Asylum Agency of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.
Amendment 2514 #
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
Article 58 – paragraph 2 – introductory part
2. Where tThe Member State of relocation shas relocated an applicant for whom the Member State responsible has not yet been determined, that Member State shall apply the procedures set out in Part III, with the exception of Article 8(2), Article 9(1) and (2), Article 15(5), and Article 21(1) and (2)ll be responsible for examining the application for international protection.
Amendment 2516 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1
Article 58 – paragraph 2 – subparagraph 1
Amendment 2521 #
Proposal for a regulation
Article 58 – paragraph 3 – introductory part
Article 58 – paragraph 3 – introductory part
3. Where the Member State of relocation has relocated an applicant for whom the benefitting Member State haResponsibility determination after relocation can solely take place under extenuating circumstances, and preoviously been determined as responsible on other grounds than the criteria referred to in Article 57(3) third subparagraph, the responsibility for examining the application for international protection shall be transferred to the Member State of relocationded that all timelines are being respected. The Member State of relocation shall consider all criteria.
Amendment 2526 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
Amendment 2533 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
The benefitting and contributing Member States shall keep the Commission and the Asylum Agency informed on the implementation of solidarity measuradditional relocation pledges taken on a bilateral level including measures of cooperation with a third country.
Amendment 2535 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Amendment 2547 #
1. Any processing of personal data under this Regulation shall be subject to relevant Union legislation on data protection, in particular Regulation (EU) 2018/1725, Regulation (EU)2016/679 and, where relevant, Directive (EU) 2016/680. Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed.
Amendment 2551 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. The processing of personal data by the Asylum Agency shall be subject to Regulation (EU) XXX/XXX [European Union Asylum Agency]2018/1725, in particular as regards the monitoring ofsupervision by the European Data Protection Supervisor.
Amendment 2566 #
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1 – point a
Article 71 – paragraph 1 – subparagraph 1 – point a
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
With regard to beneficiaries of international protection, as well as beneficiaries of protection under the 1954 Convention relating to Stateless Persons, the required period of legal and continuous residence shall be three years.
Amendment 2576 #
Proposal for a regulation
Article 72 – paragraph 1 – point 1
Article 72 – paragraph 1 – point 1
Regulation 2021/1147
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member StatesOnly for the purpose to protect the financial interests of the Union, Member States authorities competent in that regard shall keep the information necessary to allow the proper identification of the persons resettled or admitted and of the date of their resettlement or admission, while applicable provisions concerning data retention periods shall prevail. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 16 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 19 of Regulation (EU) 2021/1147.)
Amendment 2585 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 2591 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 6
Article 17 – paragraph 6
6. Member StatesOnly for the purpose of protecting the financial interests of the Union, Member States authorities competent in that regard shall keep the information necessary to allow the proper identification of the persons transferred and of the date of their transfer, while applicable provisions concerning data retention periods shall prevail. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2598 #
Proposal for a regulation
Annex I
Annex I
Amendment 2601 #
Proposal for a regulation
Annex II
Annex II
Amendment 2604 #
Proposal for a regulation
Annex III – paragraph 1
Annex III – paragraph 1
Formula for the distribution key pursuant to Article 524 of the Regulation:
Amendment 2605 #
Proposal for a regulation
Annex III – paragraph 2 – introductory part
Annex III – paragraph 2 – introductory part
Amendment 2608 #
Proposal for a regulation
Annex III – paragraph 3 – introductory part
Annex III – paragraph 3 – introductory part
Amendment 2609 #
Proposal for a regulation
Annex III – paragraph 3 a (new)
Annex III – paragraph 3 a (new)
(c) the unemployment rate (20% weighting)
Amendment 2611 #
Proposal for a regulation
Annex IV
Annex IV