464 Amendments of Peter KOFOD
Amendment 13 #
2021/2252(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to ensure that any development aid granted to developing countries, is made strictly conditional upon the effective implementation of return and readmission agreements;
Amendment 28 #
2021/2252(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that EU Member States are the world's largest donor of development aid; therefore stresses the importance of ensuring that EU taxpayers are able to have access to all information relating to how and on what projects their money is being spent in developing countries; insists that the corrupt use of EU funding should result in an immediate suspension of payments;
Amendment 125 #
2021/2199(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the tactical moves by the dictatorial regime in Belarus to channel migration flows towards the EU’s external borders, thereby aggravating the situation for neighbouring countries, and in particular Poland, in response to EU sanctions, has triggered a tragic crisis that has aroused great concern;
Amendment 243 #
2021/2199(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
ALa. whereas it is strategically important to ensure political stability in the area, as this is essential for ensuring a constant and continuous energy supply, including for Europe, so as to avert the risk of dangerous energy shortages and ensuing price rises;
Amendment 428 #
2021/2199(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Expresses deep concern about destabilising and terrorist actions by certain countries, notably Iran, in the South Caucasus, and Turkey, in the Mediterranean; strongly condemns any acts of terrorism; welcomes the security cooperation between the EU, its Member States and EaP countries and fully supports the further deepening of counter-terrorism cooperation;
Amendment 12 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls of the fact that the European Anti-Fraud Office has initiated an investigation on the Agency; underlines that the outcome of the investigation was still pending by early December 2021; reminds that the Ombudsman conducted two own-initiative inquiries into the complaints mechanism of the Agency and on the compliance by the Agency with its fundamental rights obligations; notes that following those inquiries no instances of maladministration were found and no further inquiries were justified; reiterates the concern on the findings of the Court in its special report 08/2021 entitled ‘Frontex's support to external border management: not sufficiently effective to date’; further recalls of the outcome of the Parliament’s Frontex Scrutiny Working Group andwhich found no evidence of the Agency's involvement in any violation of human rights, as well as the conclusions of the 13 internal inquiries by its management board; welcomes the Agency’s report on the implementation of the conclusions of the extraordinary management board meeting of 6 October 2021 which reflects the 71 recommendations received from the aforementioned reports and audits; notes that the Agency implemented 59 of those actions; calls on the Agency to take all necessary measures towards implementing all the remaining recommendations and to report to the discharge authority over the progress achieved;
Amendment 16 #
2021/2146(DEC)
4. Welcomes the Agency’s efforts following Parliament’s resolution of 29 April 2021 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 2019, namely: (1) the recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of the first 20 fundamental rights monitors; regrets the fact that 15 of those appointments were made at AST level; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; urges the Agency to swiftly recruit the remaining 20 fundamental rights monitors and to appoint them at AD level; deeply regrets the delay in the recruitment of the fundamental rights monitors and recalls that this poses a serious risk to operations and reputation of the Agency; welcomes the cooperation between the Agency and the European Union Agency for Fundamental Rights towards completing the recruitment of the reminding fundamental rights monitors; (2) the appointment of the three deputy executive directors in 2021; and (3) the update of the Standard Operating Procedure for Serious Incident Reporting in May 2021;
Amendment 27 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Agency to swiftly adopt a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896 and to suspend the Agency's operations supporting return-related operations from Hungary as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Unioncarry on with its support to the Member States in protecting the external borders;
Amendment 34 #
2021/2146(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Acknowledges that an analysis of respect for fundamental rights by the Agency was not included in the scope of the Court’s special report 08/2021 since that would require a specific audit in view of the complexity of the matter; asks the Court to carry out such a specific audit in the futureand accepts that it is not within its framework; calls the Agency to swiftly implement recommendation 5 of the Court’s special report, respecting the indicated timeline set out therein.
Amendment 3 #
2021/2145(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the Fundamental Rights Agency (‘FRA’) for the financial year 201920 to be legal and regular in all material respects; welcomeregrets the fact that the budget of FRA increased from EUR 29 million in 2019 to EUR 30 million in 2020 returning to the state of 2018; regretwelcomes the staff decrease from 114 to 105 (-7.9%) during the same time;
Amendment 12 #
2021/2145(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the important role of FRA in helping to ensure that the fundamental rights of people living in the Union are promoted and protected; recalls the importance of FRA in promoting a reflection on security and fundamental rights; highlights, in particular, the value of FRA’s studies and opinions for the development and implementation of Union lawQuestions the significance of FRA and whether it in fact serves the best interests of the Union citizens;
Amendment 17 #
2021/2145(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes with satisfaction that FRA responded to the COVID-19 pandemic by publishing six bulletins, which provided a timely and comprehensiveas an overview of the fundamental rights implications of national measures adopted across the Union to safeguard citizens from the COVID-19; asks about the added value and practical significance of those studies;
Amendment 19 #
2021/2145(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 6 #
2021/2142(DEC)
3. Takes noteRegrets that there is still ongoing action concerning the irregular payments related to the irregular procurement procedures for the supply of electricity and the refurbishment of toilet facilities in the financial year 2019, which amounted to EUR 62 470 for the electricity contract and EUR 174 730 for the refurbishment contract;
Amendment 11 #
2021/2142(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Is worried about the fact that the ECA has reported internal controls weaknesses; Expects these internal controls weaknesses to be considered and proper improved as soon as possible;
Amendment 18 #
2021/2122(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the important role that EASO fulfils in the EU asylum policy framework,Notes the role that the Office fulfils in assisting requesting Member States with valuable expertise and resources on the matter; welcomes the signature of a new operational support plan with Spain in 2020, bringing the total number of countries assisted by the Office to eight;
Amendment 7 #
2021/2119(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. RegretsIs deeply worried, in particular, that the Centre signed a contract exceeding the estimated budget by 98% without being able to justify it; notes that the Centre cancelled that contract with effect from 26 February 2021;
Amendment 1 #
2021/0227(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Finds the proposed reduction in the budget of the European Union Agency for Fundamental Rights (FRA) by 0,5 % very disappointing; calls instead for a budgetary increase of EUR 27,1 million and for the addition of two temporary agents and two contractual agents to function group IV in the establishment plan to allow FRA to continue to operate effectivelysatisfying;
Amendment 6 #
2021/0227(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomesNotes with concern the proposed increase of the budget of the European Asylum Support Office by 11,2 %; calls for adjustments to the establishment plan as regards the distribution of posts across different grades to enable reclassification needs and for the publication of planned posts for 2022; emphasises that the latter will not impact the total budget or the total number of staff proposed;
Amendment 11 #
2021/0227(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned with the serious and repeated allegations made against European Border and Coast Guard Agency (Frontex) related to pushbacks at external borders; is disappointed to note that, according to the Court of Auditors, Frontex has not managed to implement its mandate from 2016, let alone its updated mandate of 2019, and that serious and multiple deficiencies regarding its effectiveness have been identified; stresses that substantial budget and staff increases for Frontex are conditional on its accountability and transparency, on its commitment to Union law, and on its fulfilment of its mandate; proposes, therefore, to make the budget allocations conditional upon Frontex recruiting 40 fundamental rights monitors at AD grade, adopting a clear procedure for the implementation of Article 46 of Regulation (EU) 2019/1896 of the European Parliament and of the Council1 , and swiftly appointing deputy executive directors in line with Frontex’ 2019 mandate; _________________ 1Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 23 #
2021/0227(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. RegretNotes the small funding increase of 1,5 % proposed for the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA); believes that this will not be sufficient to cover EMCDDA’s needs without hampering the scientific activities of EMCDDA; highlights that the 2021 budget was already insufficient and that EMCDDA was obliged to downsize a significant part of its work programme; requests, therefore, an increase in EMCDDA’s 2022 budget to EUR 18,4 million;
Amendment 32 #
2021/0227(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes the slight reduction in payment appropriations for the Asylum, Migration and Integration Fund (AMIF) compared to 2021; further takes note of the substantive increase in commitment appropriations to get that new fund up to cruising speed as quickly as possible; calls, in the light of the proposed New Pact on Migration, for a further 10 % increase in commitment and payment appropriations for the Common European Asylum System and the solidarity objectives of the AMIF;
Amendment 36 #
2021/0227(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Is deeply concerned by the continuing loss of lives in the Mediterranean Sea, which have increased 56,6 % with respect to last year; considers that the Commission should present a legislative proposal to set up a Search and Rescue Fund to support search and rescue missions in the Mediterranean Sea;dedicate more attention and action to prevent people from taking the journey in the first place, to reduce the incentives for preoposes, therefore, the creation of a new budget line for such a fundle to risk their lives at sea and to dismantle criminal networks of people smugglers;
Amendment 43 #
2021/0227(BUD)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 19 #
2020/2255(INL)
Motion for a resolution
Citation 39
Citation 39
Amendment 20 #
2020/2255(INL)
Motion for a resolution
Citation 44
Citation 44
Amendment 56 #
2020/2255(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that, in order to face demographic challenges, the Union needsMember States should mobilise theird-country worker citizens of all skill levels to increase its economic competitiveness and itswith regard to China, India and the US and should not keep on telling the fairy tale of global influence as the champion of democracy, inclusion, human rights, free trade in goods and services and the rule of law, and as the leader in the fight against climate change;
Amendment 68 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022respect their competence, on the basis of Article 79(2), in particular points (a) and (b5), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migratingwhich states that Member States are to "determine volumes of admission of third- country nationals applying for work and to reduce bureaucracy and promote equal treatment, following the recommendations set out in the Annex heretocoming from third countries to their territory in order to seek work, whether employed or self- employed";
Amendment 78 #
2020/2255(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achievcounter-productive to tacklinge the purpose of the proposed act and calroblems of youth unemployment within the Union, running at record levels oin the Commission to include the creation of such a talent pool in its proposalsome Member States; furthermore considers such a brain-drain from developing nations a new iteration of colonialism, profiting the west at the expense of third countries;
Amendment 95 #
2020/2255(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomOpposes Directive (EU) 2021/...15 , butand considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium- skilled workers; calls, therefore, on the Commission to include in its proposal an admission scheme for low- and medium- skilled third-country workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criterias expansion in this proposal to include low- and medium- skilled workers, harmful to the labour markets of the Union; _________________ 15EUT number of 2016/0176 COD to be inserted.
Amendment 119 #
2020/2255(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that many Member States which have received large numbers of migrants, especially since 2015, have experienced increases in crime, higher social costs, lack of social integration and not the optimistic view of integrated productive new Union citizens;
Amendment 153 #
2020/2255(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the view that Directive 2003/109/EC should be amended to allow third-country nationals who have legally entered the Union and are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens and to reduce the number of years of residence required to acquire Union long-term residence status from five to three years; calls on the Commission to include those amendments in its proposal;
Amendment 160 #
2020/2255(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 9 #
2020/2196(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 32 #
2020/2196(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. ConsiderNotes that in the very concept of Schengen cooperation, that of ensuring the absence of controls at internal borders, has been further challenged by the COVID-19 pandemic, which has been added to the grounds invoked since 2015 for the persistent retention of internal border controls by some Member States; reiterates its condemnation of the maintenance of internal border checks and its view that many of the prolongations are not in line with the rules pertaining to their extension, necessity or proportionality, and arebeginning of the pandemic, rather than recommending the reintroduction of internal border checks by Member States, the Commission has deplored such measures of, and sought to delay restrictions at the external borders of the Schengen area until there were already thousands of confirmed cases on EU therefore unlawfulritory;
Amendment 40 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that at the beginning of 2020, just before the pandemic emergency, illegal immigration flows were increasing considerably compared to the same period last year, thereby significantly increasing the health risk within the EU; whereas despite the commonly agreed decision to completely close the external borders of the Schengen area, some Member States have scaled back their efforts to tackle illegal immigration, even carrying out mass regularisations; According to Europol, a ‘loosening of travel and movement restrictions is likely to result in an increasing movement of irregular migrants’, thereby putting the management of the EU’s external borders under pressure;
Amendment 49 #
2020/2196(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that internal border controlRecalls that Member States are continuing to be introduced by some Member States as a unilateral response to new challenges, before they have given proper consideration to the common European interest in maintaining Schengen as an area without internal border controls; reiterates its call on the Commission to exercise appropriate scrutiny over the application of the Schengen acquis, including through the use of infringement procedures, and underlines the urgent need to enhance mutual trust and cooperation among the Schengen states and appropriate governance for the Schengen areatain sovereignty over border management; recognises, at the same time, that urgent measures are needed to resume national, European and international travel in order to revive the tourism industry;
Amendment 72 #
2020/2196(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 89 #
2020/2196(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deeply regrets the fact that there have been persistent and serious reports about violence and pushbacks at the external border, as well as the lack of adequate monitoring mechanisms to ensure respect for fundamental rights and the rule of law at the external borders; considers that the European Union Agency for Fundamental Rights (FRA) must be given an enhanced operational role with regard to the monitoring of respect for fundamental rights at the external borderReiterates that an efficient external border management system is closely linked to strict external border control and swift return procedures for illegal third country nationals; Stresses the need for external borders to be managed rigorously as any weaknesses may result in the loss of control over basic public safety management, including health threats;
Amendment 149 #
2020/2196(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the Commission and the Council have seriously neglected their obligations following the detection of serious deficiencies in the UK’s use of the Schengen Information System during the 2017 evaluation; reminds all actors of its request to immediately disconnectUK, like any non-Schengen country, had no direct access to the Schengen Information System, but limited access; it lost this latter with Brexit, creating risks for all parties because the UK, as expressed in the letters to the Commission and to the Council Presidency of 15 June 2020; recalls its position that ‘as a thirdlso provided a lot of relevant information to its partners; it is therefore in the interest of all parties to country, the UK cannot have access to SIS’inue to cooperate;
Amendment 1 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, including terrorism, understands that this goal requires adequate financial resources;
Amendment 10 #
2020/2172(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that a number of projects had to be deprioritised in the revised Annual Work Programme for 2019 due to budgetary constraints and that due to the Commission’s request to reduce the staffing levels for Contract Agents (CAs) Europol deferred the recruitment of all CA vacancies in 2019, emphasises that while these reductions should satisfy the principle of financial prudence in spending taxpayer's money, they should not hamper Europol's operations aimed at ensuring the safety of Union citizens;
Amendment 19 #
2020/2172(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019., emphasises that such irregularities should not happen in the future;
Amendment 3 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain andin fighting serious organised cross-border crime and, therefore, maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 1 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. ReiteraNotes the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights, in particular, the value of the Agency’s studies and opinions for the development of Union legislation;
Amendment 7 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deploreaccepts the fact that the budget of the Agency of EUR 30 million decreased in 2019 to EUR 29 million and notes the slight staff increase from 110 to 114 in 2019;
Amendment 2 #
2020/2136(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— Having regard to the Vienna Convention on the Law of Treaties (VCLT);
Amendment 18 #
2020/2136(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 50 of the TEU is silent on several aspects of the procedure that arose dura Member State should be considered a third country as soon as it notifies the EU about its decision to withdraw from the Union, meaning that the withdrawal of the UK from the Unionprocedure should follow the respective rules of the Vienna Convention on the Law of Treaties;
Amendment 36 #
2020/2136(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under the TEU,Article 10.2 TEU states that citizens are directly represented at Union level in the European Parliament;
Amendment 41 #
2020/2136(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the withdrawal process has led to unpredictability and has constituted a challenge not only forof the United Kingdom was unprecedented and presented procedural challenges for both the EU and, the withdrawing Member State, but also and even more so for the citizens and entities most directly affected;
Amendment 53 #
2020/2136(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises but nevertheless considers regrettable the withdrawal of the UK from the European Union;
Amendment 59 #
2020/2136(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that according to the Vienna Convention on the Law of Treaties, which is also binding on the EU, every state has the inalienable right to withdraw immediately from any contract and under certain conditions;
Amendment 69 #
2020/2136(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the aims of Article 50 of the TEU and the withdrawal negotiations with the UK of ensuring disentanglement from the Union, providing legal stability and minimising disruption, and providing a clear vision of the future for citizens and legal entities, by ensuring an orderly withdrawal, while protecting the integrity and interests of the European Union, its citizens and its Member States, were generally achieved thanks to the skilful negotiation of both the EU and UK negotiation teams;
Amendment 85 #
2020/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 91 #
2020/2136(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers, in this regard, that the political and economic consequences of the decision to leave the Union are significant; believes that these were not genuinely and fully assessed by the UK prior to its decision to withdraw, resulting in a lack of preparation fordifficult precisely to estimate at the time of the decision to withdraw; believes that this uncertainty warrants ample leniency in the procedure;.
Amendment 100 #
2020/2136(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that although the withdrawal is not conditional upon an agreement between the withdrawing Member State and the Union, the process of the withdrawal of the UK shows the importance of concluding an agreement on the withdrawal arrangements; considers that the EU institutions did their utmost and accomplished their obligation to ensure the conclusion of an agreement; commends the efforts m' unreasonable demands, especially with regards to the role of the Court of Justice of the EU, almost leade to avoid a no- deal scenario;
Amendment 107 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Considers that Article 50 of the TEU strikes a balance between ensuring a withdrawal process and safeguarding the flexibility necessary for adaptation to the specific circumstances; believes, however, that, in the framework of a future reform of the Treaty, the opportunity of that the Vienna Convention on the Law of Treaties comprises the necessary rules to remedying some of the loopholchallenges identified in Article 50 of the TEU could be assessed, with particular regard to the following:the exercise of Article 50 of the EU;
Amendment 111 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
Amendment 119 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 2
Paragraph 11 – indent 2
Amendment 122 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 3
Paragraph 11 – indent 3
Amendment 128 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 4
Paragraph 11 – indent 4
Amendment 137 #
2020/2136(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes, furthermore, that the withdrawal provisions of the Treatycedures should, as much as possible, ensure legal certainty for the EU citizens affected by the withdrawal, setting out minimum standards for the protection of their rights;
Amendment 157 #
2020/2136(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that, until a withdrawal agreementBelieves that a Member State should be considered a third country from the date of entersry into force of the withdrawal agreement or, failing that, the two- year period mentioned in Article 50(3) of the TEU has elapsed, the withdrawing State remains a Member State, and enjoys all the rights and is under all the obligations deriving from the Treaties without exception, includings after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend theis perinciple of sincere cooperation laid down in Aod, in accordance with article 450 (3) of the TEU, as well as the obligation to hold elections to the European ParliamentTEU;
Amendment 167 #
2020/2136(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers, in this context, that the role of the Parliament is essential in safeguarding the parliamentary and democratic dimension of a procedure with such aof major constitutional and institutional impact on the Union; considers that its role must be enhanced in any future Treaty reform, in all aspects of the process from the negotiations to the implementation of a withdrawal agreement, including for major decisions such as extensions in accordance with Article 50(3) of the TEU;
Amendment 186 #
2020/2136(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU; believes that such a reflection should ensure an open and broadened dialogue on the reforms that the Union needs in order to reinforce democracy and the capacity to deliver on citizens needs and expectations; believes that a smaller Union, with less, but more committed Member States, might be better suited in the future;
Amendment 190 #
2020/2136(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and roleConsiders that the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society ofn the European Union and its Member States to prevent the repetition of a withdrawal from the EU; calls on Member States to consistently provide wide-reaching information to EU citizens on the functioning of the European Union, its areas of action and its decision- making processes; considers that for this purpose the Conferenchow it should evolve; regrets that of the 27 citizens´ representatives who took the floor at the Inaugural Plenary of the Conference on the Future of Europe, 15 (55.6%) were representing non-profit organisations or organisations close to government, such as pro-integrationist think tanks, national or international youth organisations, youth parliaments or similar organisations, including 2 Jean Monnet Chairs, a CEO of a government agency, a former MEP who was shortlisted in 2011 for the prize onf the Future of Europe offersbest Member of the European Parliament, and opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolvenly 4 citizens employed in the private sector; also regrets that 4 out of 6 representatives from civil society organisations were affiliated to the same organisation, the very pro-integrationist European Movement International; fears that this undermines the credibility of the Conference to establish a real dialogue, and risks to degrade the Conference to an echo-chamber of integrationist ideas;
Amendment 198 #
2020/2136(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the introduction of an Article 50 (a) TEU, which would make it possible for Member States to leave the euro area without leaving the EU as a whole;
Amendment 199 #
2020/2136(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls for the introduction of an Article 50 (b) TEU, which would enable the Council to exclude a Member State of the Union from the euro area, be it for non-compliance with fiscal budgetary rules, or for non-compliance with the EU's conception of the rule of law;
Amendment 5 #
2020/2045(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU Facility for Refugees in Turkey (FRT) was created in 2016 in the framework of the EU-Turkey statement and manages EUR 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the EU Charter in order to better manage migration flows, save lives of migrants and refugees at sea and tackle irregular migration and trafficking; whereas the FRT was created as a result of Fundamental Rightsprecedented influx of over 1 million people arriving in the EU illegally in 2015;
Amendment 15 #
2020/2045(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa (EUTF) was established in 2015in particular by strengthening the rule of law, creating economic and education opportunities, and building better governance, and the effective sustainable return, readmission and reintegration of irregular migrants not qualifying for protection; whereas the EUTF makes predominant use (90 %) of Official Development Assistance; whereas it became the main financial instrument for the EU’s political engagement with African partners in the field of migration; whereas the EUTF has funded over 500 projects in more than 25 countries in Africa for a total of over EUR 4.8 billion; whereas the EUTF has raised concerns about contributing to inhumane and degrading treatment and/or financing actors that have committed human rights violations, such as in Libya, Eritrea and Sudan;
Amendment 47 #
2020/2045(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned about the governance of the EUTF: the composition of its board and regional operational committees, the opacity of the process for approving projects, the lack of dialogue with local and human rights CSOs, and the lack of ex antis of the view that there should be transparency as to the mand ongoing impact assessments on fundamental rightsner in which EU taxpayers money is spent;
Amendment 54 #
2020/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the EUTF is part of a trend of the securitisation and externalisation of EU border management aimed at reducing irregular migration to the EU; stresses the risks to development objectives and fundamental rights associated with this approachimportance of building cooperation with partner countries in order to tackle the problem of illegal migration and to support the returns and readmissions; is of the view that the goal of reducing irregular migration must be achieved by strengthening border guard and law enforcement.
Amendment 24 #
2020/2042(INI)
Draft opinion
Recital B
Recital B
B. whereas climate-induced migration is strongly related to other factors, including poverty, since when a country lacks the appropriate resources toin non-industrialised societies, environmental factors, as well as the lack of economic resources and appropriate infrastructure for adapting to climate change, this can aggravate poverty and force people to move; whereas climatemay still be a reason for emigration which, inter alia, change is an important risk multiplier for conflict, drought, famine and migration aggravate the risk of conflicts with neighbouring populations on account of resource grabbing;
Amendment 41 #
2020/2042(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that climate migration does not requires a specific normative framework to bridge existingfor humanitarian protection, gaps, via various and complementary methods; highlights the definition of climate migration offered by the IOMiven that such kind of migration is fully covered by the criteria of economic migration;
Amendment 117 #
2020/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that, as part of the reform of the Union’s Migration and Asylum Policy, a comprehensive framework should be establishedthere is no need to establish a specific regulatory framework, which includes climate change -induced migration and displacement as core part of this process.;
Amendment 248 #
2020/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that political profiling, disinformation and manipulation of information may be used by political parties and private or public entities, and reiterates its concern aboutthe EU should avoid imposing self-censorship on EU citizens by creating the factear that evidence of interference is continuously coming to light, often with indications of foreign influence, in the run-up to all major national and EU elections, with much of this interference benefiting anti- EU, extreme right-wingany form of criticism against the EU will be silenced and/or sanctioned; emphasises that the strategies against disinformation and propulist candidates and targeting specific minorities and vulnerable groupsaganda should not be used as a tool to prevent or stifle criticism being levelled against the EU;
Amendment 258 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; specifically notes that China wilfully withheld information regarding the COVID-19 pandemic, and has spread disinformation during the course of the outbreak, whilst the EEAS bowed before Chinese pressure instead of truthfully stating the extent of China's actions; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet;
Amendment 276 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positive impact of the voluntary actions taken by service providers and platforms to counter disinformation; warns against the EU becoming a self-proclaimed “Ministry of Truth” and thereby limiting the freedom of expression and the right to impart information and ideas without interference by public authority; and calls on the EU to heed against the EU becoming a (counter)propaganda machine silencing all forms of opposition against its narrative;
Amendment 85 #
2020/0359(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive (EU) 2016/1148 of the European Parliament and the Council11 aimed at building cybersecurity capabilities across the Union, mitigating threats to network and information systems used to provide essential services in key sectors and ensuring the continuity of such services when facing cybersecurity incidents, thus contributing to the Union's security, economy and society to function effectively. _________________ 11Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194/1, 19.7.2016 p. 1).
Amendment 89 #
2020/0359(COD)
Proposal for a directive
Recital 5
Recital 5
(5) All those divergences entail a fragmentation of the internal market and are liable to have a prejudicial effect on its functioning, affecting in particular the cross-border provision of services and level of cybersecurity resilience due to the application of different standards, but also threaten the overall security of the Union. This Directive aims to remove such wide divergences among Member States, in particular by setting out minimum rules regarding the functioning of a coordinated regulatory framework, by laying down mechanisms for the effective cooperation among the responsible authorities in each Member State, by updating the list of sectors and activities subject to cybersecurity obligations and by providing effective remedies and sanctions which are instrumental to the effective enforcement of those obligations. Therefore, Directive (EU) 2016/1148 should be repealed and replaced by this Directive.
Amendment 90 #
2020/0359(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive leaves unaffected the ability of Member States to take the necessary measures to ensure the protection of the essential interests of their national security, to safeguard public policy and public security, and to allow for the investigation, detection and prosecution of criminal offences, in compliance with Union law. In accordance with Article 346 TFEU, no Member State is to be obliged to supply information the disclosure of which would be contrary to the essential interests of its public security. In this context, national and Union rules for protecting classified information, non-disclosure agreements, and informal non-disclosure agreements such as the Traffic Light Protocol14 , are of relevance. _________________ 14 The Traffic Light Protocol (TLP) is a means for someone sharing information to inform their audience about any limitations in further spreading this information. It is used in almost all CSIRT communities and some Information Analysis and Sharing Centres (ISACs).
Amendment 178 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
(h) a policy addressing specific needs of SMEs, in particular those excluded from the scope of this Directive, in relation to guidance and support in improving their resilience to cybersecurity threats and also taking into account their capabilities to respond to such threats.
Amendment 199 #
2020/0359(COD)
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. ENISA shall issue, in cooperation with the Commission, a bien anniual report on the state of cybersecurity in the Union. The report shall in particular include an assessment of the following:
Amendment 206 #
2020/0359(COD)
3. Member States shall ensure that, where considering appropriate and proportionate measures referred to in point (d) of paragraph 2, entities shall take into account the vulnerabilities specific to each supplier and service provider and the overall quality of products and cybersecurity practices of their suppliers and service providers, including their secure development procedures.
Amendment 214 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall ensurfacilitate that essential and important entities may notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 3 and 4 of any incident having a significant impact on the provision of their services. Where appropriate, those entities shall notify, without undue delay, the recipients of their services of incidents that are likely to adversely affect the provision of that service. Member States shall ensure that those entities report, among others, any information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident.
Amendment 230 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure that essential and important entities may exchange relevant cybersecurity information among themselves including information relating to cyber threats, vulnerabilities, indicators of compromise, tactics, techniques and procedures, cybersecurity alerts and configuration tools, as well as the location or identity of the attacker where such information sharing:
Amendment 167 #
2020/0279(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
Amendment 176 #
2020/0279(COD)
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 nationalscitizens of the Member States and support Member States to coordinate and cooperate to stop illegal immigration and protect the integrity of the external borders to ensure the safety of the citizens in the Member States and to protect the European way of life.
Amendment 182 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 185 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated mannersecuring the external border and abolishing pull-factors that incentivise migrants from third countries to come to Member States, recognising that the effectiveness of such an approach depends on clear and concise communication to the rest of the world that those that illegally enter the EU will automatically relinquish their right to asylum.
Amendment 190 #
2020/0279(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and ofa proposal for cooperation between the Member States inof 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). 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,Union in the field of illegal migration control. Member States should therefore consider to take measures to return illegally staying third-country nationals, to prevent irregularllegal migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributo combat illegal migrations, as ylum fraud and otheir contribution to the comprehensive approachnected criminal acts.
Amendment 203 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and thatimprove cooperation between the Member States ofn migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures toprevent and combat, illegal migration and migrant smuggling.
Amendment 205 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the faiat illegal entry is not possible or treatment of third-country nationalwarded, that pull-factors aresiding legally in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling minimized, and the prevention of illegal migration and migrant smuggling including by conducting communication campaigns in countries of origin and transit countries to stem migration flows in advance.
Amendment 214 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of personA policy of non-interference with the right of Member States to protect their borders ins need of international protection and those who are not anded. This will ensure an ability to effectively address the in crecognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protectionasing levels of illegal mass-migration and hybrid warfare waged against the Member States. To ensure that Member States have the necessary tools to effectively manage this threat this Regulation shall ensure that the Commission and the European Parliament do not interfere with the sovereign rights of the Member States.
Amendment 219 #
2020/0279(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 231 #
2020/0279(COD)
Amendment 237 #
2020/0279(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarityto combat illegal migration and asylum fraud should include strict and practical measures to deter illegal migration and ensure that Europe can hit at the heart of the illegal migration industry. Furthermore, Member States shall be encouraged to ensure that andy fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national levelcilities for asylum claims are located in third countries, preferably in stable parts of the developing world so as to benefit both the applicants as well as the host nation that can benefit from providing this service to the asylum applicants.
Amendment 242 #
2020/0279(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The regulation sets out how the Commission may (1) provide support to the Member States, as warranted, thereby ensuring to stop illegal mass-migration, (2) curtail third-countries' ability to aggress against the Member States by weaponising third country nationals and labelling them migrants and refugees, (3) ensure to combat asylum fraud, (4) restore the sanctity of the concept of asylum, (5) resolutely support a Member State with regard to migratory movements and incursions, and (6) ensure not to interfere with the internal affairs of the Member States dealing with all threats and consequences linked to migration;
Amendment 243 #
2020/0279(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 246 #
2020/0279(COD)
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 apparentMember States are prepared to stop all illegal migration, the Commission should support Member States by providing a monthly update on possible illegal flows of third country nationals and asylum fraud trends.
Amendment 252 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 274 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) An effective robust and swift 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, thprotection for any nation state. Thus it is encouraged that all Member States ensure to arrange for processing of any asylum claims of third country nationals outside European soil; applicants who have registered within the Union could be detained, if deemed necessary; when there are pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examiningasonable grounds to consider the applicant a danger to national security or public order, those applications as well as contributing to effective access to international protection for those in neednt shall be detained without delay.
Amendment 275 #
2020/0279(COD)
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 of Member States 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, th and eliminate incentives for economic or lifestyle migration to the European Union by way of implementing the Danish model of processing requests for and facilitating international protection in third country partner state pressure on the asylum system would decrease, facilitating the application of the rules on determinception centres. By increasing the efficiency of returns and not granting requests for international protection withing the Member State responsible for examiningterritory of Member States, the pressure on those applications as well as contributing tosylum system would decrease, and effective access to international protection for those in need would be more widely available.
Amendment 282 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1of illegal migrants it is necessary to focus funding and manpower at the disposal of the Commission on ensuring such migrants' prompt return.
Amendment 284 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of ththe establishment of reception centres in third country partner states where the request for international protection and its facilitation would take place Cwouncil38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1ld massively decrease incentives for economic and lifestyle migration to the Member States of the European Union.
Amendment 291 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 305 #
2020/0279(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 319 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search anrisk posed by so- called 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 pressure, Member States shall be encouraged to criminalize these organizations and combat illegal search and rescue operations.
Amendment 329 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 340 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 349 #
2020/0279(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Persons disembarked should be distributed in a proportionate manner among the Member StateAny illegal migrants that are disembarked should be detained and processed as soon as possible for return to their homeland by the Member State that allowed the disembarkation to take place. Member States that allow disembarkation should be made aware of the fact that they themselves will have to take the burden for allowing illegal migrants to enter into the EU area and it is their responsibility to prevent that the illegal migrants move to other the Member States at their own will. Member States failing this will have to face responsibility to take back illegal migrants for processing and return to their homelands.
Amendment 355 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 372 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 376 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 390 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 407 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Only pPersons who are more likely to have a right to stay in the Union should be relocated. Therefore, the scope of relocation of applicants for international protection should be limited to those who are not subject to the border procedure set out in Regulation (EU) XXX/XXX [Asylum Procedure Regulation]claim a right to international protection in the Union should be relocated to third country partner reception centres for processing of their application and facilitation of international protection if such status is granted.
Amendment 420 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The voluntary 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. 34.
Amendment 426 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 438 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 447 #
2020/0279(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Member States should be able to make voluntary contributions if a Member State experiences migratory pressure, for example by providing assistance for protecting their external borders.
Amendment 450 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 461 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 468 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should be able to takemay, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basidecide to take measures 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, wherass-migratory threat, however the principal responsibility shall always remain with the 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 pressure affected.
Amendment 479 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 483 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that aA 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 processing of applications for international protection. _________________ 40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999is already established by Regulation (EU) No 604/2013, and the European Union and Member States should at all times, especially during times of crisis, respect the rule of law.
Amendment 493 #
2020/0279(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 499 #
2020/0279(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 504 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 512 #
2020/0279(COD)
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 Membe, all third country nationals with no legal rights to enter or Sstate thay in 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 schemes should be detained until they can be returned to their country of origin or transferred to an asylum center in a third country.
Amendment 519 #
2020/0279(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 523 #
2020/0279(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 532 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primaryn important consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or , this entails a swift reunification with their 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 vulnerabilitfamily and/or representative in or near their home country.
Amendment 541 #
2020/0279(COD)
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 life should be athe safety of the Member States citizens, their family life and their European way of life, as well as for right to self-determination of the peoples of the Member States, should be the primary considerations of Member States when applying this Regulation.
Amendment 552 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public orderfree to travel within the EU, they should be promptly apprehended by the Member State concerned and placed in a high security facility awaiting deportation to their home country.
Amendment 556 #
2020/0279(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 564 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family memberis recommended to include one legal shpould also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EUse and the children (biological or adopted), at the discretion of each Member State.
Amendment 571 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 580 #
2020/0279(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 589 #
2020/0279(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 601 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularllegally entered its territory, it is also necessary to include the situation when the person enters the territory illegally following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protectionn operation by states or third parties at sea due to coercion from the illegal migrants and/or smugglers.
Amendment 603 #
2020/0279(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 609 #
2020/0279(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionimmediate procedural consequences for the applicant and to appropriate and proportionate consequences inalso encompassing the terms of his or her reception conditions. In line with the Charterorder to reduce the prevalence of Fundamental Rights of the European Union, the Member State where such an applicant is present should inauthorized movements and absconding. The Member States and the European Union should legislate anyd case ensure that the immediate material needs of that person are coveredommunicate clearly that such violations lead to an immediate and irrevocable personal lifetime prohibition on applying for international protection in all Member States of the European Union.
Amendment 618 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 631 #
2020/0279(COD)
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 uponcitizens of the Member States it is proposed that the Member State concerned ensures that all third country nationals who illegally enter are detained in safe facilities awaiting their removal from the Member State.
Amendment 637 #
2020/0279(COD)
Proposal for a regulation
Recital 57
Recital 57
Amendment 641 #
2020/0279(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 649 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for 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 Regulation in respect 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 Regulationillegal migrants and/or applicants should be applied in accordance with the underlying principle that a person should be detained for as short a period as possible.
Amendment 657 #
2020/0279(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 660 #
2020/0279(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 663 #
2020/0279(COD)
Proposal for a regulation
Recital 62
Recital 62
Amendment 672 #
2020/0279(COD)
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 prioritexperience large volumes of illegal border crossings, other Member States may, if they tso the relocation of unaccompanied minors a higher incentive contribution should be providewish, support with funds, personnel or material the effort to stop illegal migration and asylum fraud.
Amendment 681 #
2020/0279(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral or multilateral arrangements between Member States, for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of take charge requests or take back notifications, or establishing procedures for the performance of transfersthe European Union, and third country partner states establishing the ways in which reception centres are operated, funded and governed in the third country partner state.
Amendment 683 #
2020/0279(COD)
Proposal for a regulation
Recital 65
Recital 65
Amendment 685 #
2020/0279(COD)
Proposal for a regulation
Recital 66
Recital 66
Amendment 691 #
2020/0279(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) The operation of the Visa Information System, as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council46 , and in particular the implementation of Articles 21 and 22 thereof, should facilitate the application of this Regulationshould facilitate the important work of securing the borders for the Member States. _________________ 46Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas, OJ L 218, 13.8.2008, p. 60.
Amendment 693 #
2020/0279(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations primarily to their own citizens to ensure rule of law, a safe and secure environment, protection of their culture and the European way of life under instruments of international law, including the relevant case-law of the European Court of Human Rights.
Amendment 700 #
2020/0279(COD)
Proposal for a regulation
Recital 72
Recital 72
Amendment 709 #
2020/0279(COD)
Proposal for a regulation
Recital 73
Recital 73
Amendment 721 #
2020/0279(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) This Regulation respects the fundamental rights and observes the principles which are acknowledged, in particular, in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charterself- determination of the citizens of the Member States, as well as their rights recognised under Articles 1, 4, 7, 24 and 47 thereof. This Regulation should therefore be applied accordingly to a secure and safe environment and the preservation of their cultures and way of life.
Amendment 722 #
2020/0279(COD)
Amendment 728 #
2020/0279(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that Parts III, V and VII of this Regulation constitute amendments within the meaning of Article 3 of the Agreement concluded between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention49 , Denmark has to notify the Commission of its decision whether or not to implement the content of such amendments at the time of the adoption of the amendments or within 30 days hereafter. The same shall apply to any other Member State with a derogation from Title V of Part Three of the Treaty on the Functioning of the European Union. _________________ 49 OJ L 66, 8.3.2006, p. 38
Amendment 735 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 739 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum andpplications in the Union and the prevention of illegal migration into the Union;
Amendment 747 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a mechanism for voluntary solidarity;
Amendment 749 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lays down the criteria and mechanismsdetermines that the Member State responsible for examining an application for deintermining the Member State responsible for examining an application for international protectionnational protection is ordinarily the Member State of first entry; provides guidelines for Commission support, if requested by a Member State, by ensuring that all funds allocated are used to prevent illegal mass-migration; facilitates the prompt return of illegal migrants.
Amendment 752 #
2020/0279(COD)
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 Uniona Member State within the meaning of Article 20(1) of the Treaty 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 753 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘illegal migrant’ means any third- country national who enters the territory of the Member States without prior approval in the form of a visa or residence permit or who enters a Member State by force, or a person who enters a Member State and does not apply for protection at the first opportunity. A person who wishes to apply for international protection, must do so in a peaceful manner and at the first possible opportunity (at a border post, disembarkation point, or asylum processing facility). Should the third- country national enter a Member State by force or travel through a Member State without applying for protection, any application that is lodged will be denied, the person will be considered as an illegal migrant, and will be detained and returned to his or her country of origin.
Amendment 756 #
2020/0279(COD)
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 a person seeking subsidiary protection status but only in cases where protection could not be granted in the region, 'international protection' as defined in this Regulation does not include humanitarian visas issued by a Member State on a discretionary basis;
Amendment 760 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'third country reception centres’ means centres located outside of the European Union, operated by third country partners and financially and logistically supported by Member States or the European Union with the purpose of distinguishing between illegal migrants who will be returned and those genuinely in need of international protection for whom international protection would be provided in third country partner states.
Amendment 762 #
2020/0279(COD)
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 who has made an application for international protection in respect of which a 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 remain in accordance with Regulatcome to the European Union directly from a country or territory where their life or freedom was threatened within the meaning of Article 1of the 1951 Convention Relating to the Status of Refugees (1951 Convention), and who has presented themselves without delay to Member State authorities, with an application for international protection in respect of which a decision has not been taken, or has been taken and is either subject to or can still be subject to a remedy. Applicants are not to be taken to have presented themselves without delay to the authorities unless — (i) in the case of a person who became a refugee while they were outside the European Union, they made a claim for asylum as soon as reasonably practicable after their arrival in a Member State of the European Union; (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 majeuii) in the case of a person who became a refugee while they were in a Member State of the European Union — (1) if their presence in the Member State was lawful at that time, they made a claim for asylum before the time when their presence in the Member State became unlawful; (2) if their presence in the Member State was unlawful at that time, they made a claim for asylum as soon as reasonably practicable after they became aware inof the field of asylum and migrair need for international protection under the Refugee Convention];.
Amendment 768 #
2020/0279(COD)
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 who has made an application for international protection in respect of which a decision has not been takenwithout illegally entering a Member State, 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 remain 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];
Amendment 769 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'child' means a minor under the age of 13,
Amendment 770 #
2020/0279(COD)
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 Regulationapplicable United Nation conventions currently in force;
Amendment 776 #
2020/0279(COD)
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 who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation]by the respective Member State;
Amendment 781 #
2020/0279(COD)
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, and with whom there is a well-proven family link:
Amendment 787 #
2020/0279(COD)
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, only where the country of origin and the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country ncognises the marriage in accordance with its national legislationals,
Amendment 795 #
2020/0279(COD)
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 legally responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 806 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
Amendment 820 #
2020/0279(COD)
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 below the age of 18 years but over the age of 13;
Amendment 821 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 'unaccompanied child' means a minor under the age of 13 who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor under the age of 13 who is left unaccompanied after he or she has entered the territory of Member States;
Amendment 826 #
2020/0279(COD)
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 or child in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor or child where necessary;
Amendment 832 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
Amendment 841 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by repeatedly failing to respond to official requests or 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 857 #
2020/0279(COD)
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 or is obliged to contribute to the solidarity measures to a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;
Amendment 865 #
2020/0279(COD)
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 from the territory of a benefitting Member State to the territory ofto reception centres located in third country partner states, where their application for international protection will be assessed and where it will be realised in a ccontributing Member Staterdance with agreements between Member States and third country partner states;
Amendment 888 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
Article 2 – paragraph 1 – point w a (new)
(wa) ‘massive illegal migration threat’ means a situation where there is a large number of illegal migrants, or a risk of such individuals appearing, in a Member State and the specific developments in third countries which generate mass illegal migration flows;
Amendment 893 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegally 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, and who must be returned to his or her country of origin without delay.
Amendment 912 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Amendment 916 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;addressing illegal migration with relevant third countries, supporting countries hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting illegal migration and migrant trafficking and smuggling, and enhancing cooperation on readmission, including making development aid to third countries conditional upon the effective implementation of readmission agreements1a; the Commission shall, in this regard, ensure that, in all its dealings with the authorities of third countries, it supports all initiatives and policies of the Member States aimed at combatting illegal immigration, returning illegal migrants, countering the weaponisation of illegal migrants, and preventing asylum fraud; _________________ 1aParticularly in accordance with resolution of the European Parliament of 25 November 2020 on improving development effectiveness and the efficiency of aid.
Amendment 920 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways forsetting up third- country nationals in need of international protection and for those otherwise admitted to reside legally in the Member Statesreception centres to process asylum requests and host those granted international protection and addressing the root causes of irregularllegal migration, supporting non-aggressive partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregularllegal migration and, migrant smuggling, human trafficking and enhancing cooperation on readmissionturns;
Amendment 924 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) close cooperation and mutual partnership among Union institutions and bodies, Member States andbetween Member States, and if so requested, assisted where necessary by the Commission; the Commission shall ensure that it supports the Member States' efforts in all international forganisationsa such as, but not limited to, the United Nations and the OSCE;
Amendment 931 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) full implementarespect for the sovereignty of Member States and recognition that border protection ofand the common visa policydecision to grant or refuse visas for third country nationals is a national competence;
Amendment 934 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregular migrateasures to prevent illegal migration and illegal entry into the territories of Member States including by way of physically sealing the border, refusing asylum to those that enter illegally, Member States joint naval missions in the Mediterranean, aimed at deterring, preventing and stopping illegal departures and arrivals from third countries as well as to provide for immediate escort to ports of origin for any vessel enabling illegal entry of migrants into a Member State of the European Union;
Amendment 935 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregularprevention of illegal migration and support from the Commission to ensure that any funds received including development and/or emergency aid is strictly conditioned on full compliance with all requests from Member States in their work to end illegal migration;
Amendment 944 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border management which includes support to Member States that face severe migratory pressure and, as a result, need to erect physical barriers at the external border of the Union;
Amendment 949 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective managementprotection of the Union’s external borders, based on the European integrated border managementincluding by erecting physical barriers where needed;
Amendment 953 #
2020/0279(COD)
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 lawlegally binding international instruments concerning persons rescued at sea;
Amendment 955 #
2020/0279(COD)
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 of Member States or third country partner states and recognition of third- country nationals or stateless persons as refugees or beneficiaries of subsidiary protection, unless the individual has entered the territory of a Member State illegally or through a safe country;
Amendment 958 #
2020/0279(COD)
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 as refugees or beneficiaries of subsidiary protection;
Amendment 962 #
2020/0279(COD)
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 and mechanism; if a Member State fails in their primary duty to uphold the integrity of the national border, any and all third country nationals that enter the EU zone for the first time will be that Member Sate's responsibility. If other Member States would like to show solidarity in the defence of that Member State's border, they are encouraged to do so; Member States are especially encouraged to provide support if that Member State's fbor solidarityder coincides at any distance with the external border, and that Member State has applied active and robust preparatory measures against illegal migration, the weaponisation of illegal migration, and asylum fraud;
Amendment 963 #
2020/0279(COD)
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 appor if Member States or the Union have conducted agreements to this end, the third country partner state responsible for the processing and facilictation ofor international protection, based on shared responsibility and rules and mechanisms for solidarity for those granted such status;
Amendment 968 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) effective and wide-reaching communication campaigns targeting diaspora communities in the European Union representing the highest proportions of illegal arrivals and strategic communication campaigns targeting potential illegal migrants in source and transit countries with messages deterring potential migrants from considering illegal means of arrival to the Member States of the European Union;
Amendment 969 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions; Member States are encouraged to outsource and locate any asylum reception facilities to an appropriate third country; preferably, the third country shall be located geographically so that the carbon footprint of the facility used is as light as possible and that the investment can benefit the development of the hosting nation; where possible, the location should also be in the proximity of the country of origin to facilitate their return home;
Amendment 971 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) acenable Member States to relocate the entire process ofor applicants to adequate reception conditiontion for international protection and the facilitation of such protection to third country partner states by way of bilateral or multilateral agreements;
Amendment 980 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) effective management of thed swift return of illegally staying third-country nationals;
Amendment 982 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member Statesensure that refugees are hosted in the region close to their country of origin, and in cases where refugees have been granted asylum in a Member State, effective measures to ensure that those who have been granted international protection can return to their country of origin once it is safe to do so;
Amendment 988 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) measures aimed at reducing and tackleliminating the enabling factors of irregularllegal migration to and illegal stay in the Union, including illegal employmentMember States of the European Union, including smuggling facilitators and illegal employment as well as wide-reaching anti-people smuggling campaigns informing migrants that no- one who enters the EU illegally will ever make the EU their home as all asylum applications from those having entered illegally will automatically be rejected;
Amendment 989 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) measures aimed at reducing and tackling the enabling and pull factors of irregularllegal migration to and illegal stay in the Union, including illegal employment, asylum fraud, as well as conditions that enable third countries to weaponise migration;
Amendment 992 #
2020/0279(COD)
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 to offer any assistance requested by the Member States to combat illegal migration, asylum fraud and hybrid attacks on the Member States;
Amendment 997 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(na) Full implementation of agreements under which every state receiving any funds from the European Union must agree in advance of receipt of any funds to accept returning migrants from the Member States of the European Union and any partner states with which Member States have concluded agreements to facilitate such returns.
Amendment 1003 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Union and Member States shall, as far as possible and within the limits of proportionality and subsidiarity, with full respect for the sovereignty of Member States, ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.
Amendment 1007 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure the protection of their external borders against any and all foreign incursions, including illegal migration, hybrid attacks and asylum fraud.
Amendment 1011 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Union and Member States, acting within their respective competencissisted by the Union and in full respect of the sovereignty of the Member States, shall be responsible for the implementation of the asylum and migration management policies.
Amendment 1015 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States, with the support of Union Agencies, 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 3, including the necessary human and financial resources and infrastructure.prevent illegal migration, as well as to deter asylum fraud and the weaponisation of migration;
Amendment 1020 #
2020/0279(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Principle of svolidarity and fair sharing of responsibiluntary solidarity
Amendment 1022 #
2020/0279(COD)
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 1038 #
2020/0279(COD)
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 protectionasylum procedures, grant such protection to those who are in need and ensure the effective and immediate return of those who are illegally staying;
Amendment 1045 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregularllegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries by making development aid conditional upon the effective implementation of readmission agreements, including as regards the prevention and fight against migrant smuggling, particularly by NGOs operating under the guise of "search and rescue";
Amendment 1054 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) remove any pull factors that attract more illegal migration to the Union or that create migratory pressure on another Member States ' external borders by adapting their domestic law as appropriate;
Amendment 1066 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide voluntary support to other Member States in the form of solidarityfinancial or other contributions on the basis of needs set out in Chapters I-III of Part IV;
Amendment 1082 #
2020/0279(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Flexibility with regard to Member States who have agreements in place to relocate the processing of requests for and facilitation of international protection to a third country partner state 1. A third country national claiming need for international protection, that is not registered as an applicant for asylum, shall be transferred to a third country reception centre for processing of his asylum request and possible continued protection in accordance with agreement or praxis established by a Member State and a hosting third country partner state. 2. The Council shall approve by unanimity detailed regulations covering any exemptions of third country nationals from such rules. 3. The cost of transferring the third country national to the partner country shall be borne by the Member State in which the individual currently is located.
Amendment 1088 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a long-term European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Partitigation Strategy on the implementation of Member State cooperation in the field of asylum and migration setting out the ways in which the Union can assist Member States in managing asylum and migration. The Commission shall transmit the Strategy to the European Parliament and the Council as well as to the Nordic Council.
Amendment 1089 #
2020/0279(COD)
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 preventing illegal migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1095 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 1103 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies;nd other international agencies; in this regard the Member States shall consider setting up a migratory observatory as a permanent function within the OSCE in order to have a better understanding of illegal flows of third country nationals and hybrid warfare preparations that weaponise third country nationals through asylum fraud and other methods in relation to illegal migration.
Amendment 1117 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation 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], should also be taken into account in these strategies. _________________ 56Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1to protect their borders and for a robust response to illegal migration.
Amendment 1124 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.
Amendment 1130 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 1142 #
2020/0279(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
7 Cooperation with third countries to facilitate return and readmissionon migration mitigation, the establishment of reception centres and the facilitation of returns
Amendment 1160 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission considers it appropriate, it shall also identify in its report measures designed to promote cooperation among the Member States to facilitate the return of illegal staying third- country nationals, including withholding development aid and other forms of financial and non-financial assistance from a third country as long cooperation is lacking.
Amendment 1166 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country including withholding development aid or other forms of funding.
Amendment 1174 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shallare not obliged to examine any applications for international protection by afrom third-country nationals or a stateless persons who applies onhave entered the territory of any one of them, including at the border or in the transit zones. The application 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 responsibleMember States illegally or through a safe country.
Amendment 1176 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Only a Member States shall is competent to decide and examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application 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 responsibleand it shall be done in line with that particular Member State's laws and policies with no interference from the Commission, the European Parliament or any other EU institution.
Amendment 1182 #
2020/0279(COD)
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, tThe first Member State in which the application for international protection was registered shall be responsible for examining it.
Amendment 1191 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1214 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsiblemay return the applicant to the country of origin without delay.
Amendment 1220 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Each Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Regulation (EU) XXX/XXX [Asylum Procedure Regulation]including for the purposes of processing the application for international protection at a third country reception centre and facilitating, for those granted, international protection in the third country partner state.
Amendment 1221 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Each Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down inif he or she has entered the territory of any Member State illegally or by using force, as well as under Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1222 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. Each Member State shall retain the right to deny entry and push back any potential applicant attempting to enter and to push back any applicant having entered its territory from a safe third country or by having traversed a safe third country;
Amendment 1227 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends, after legally entering the territory of a Member State of the Union, to make an application for international protectionasylum, the application shall be made and registered in the Member State of first entry.
Amendment 1231 #
2020/0279(COD)
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 stateEach Member State may determine ruless 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 visataining to illegal migrants and/or asylum applicants as they see fit.
Amendment 1233 #
2020/0279(COD)
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 or in a third country partner state.
Amendment 1242 #
2020/0279(COD)
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 and 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 submit evidence to substantiate 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 evidenceprocessing his or her application.
Amendment 1248 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1259 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The 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 in 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 if he or she entered the territory of a Member State illegally or by using force, and 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 obligations.
Amendment 1262 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Any applicant, who has entered the territory of a Member State illegally, 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 in any Member State. 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 obligations.
Amendment 1269 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Member States are strongly encouraged to, within the scope of national legislation; (i) criminalise illegal entry, including entry into the European Union in breach of a deportation order by a Member State, and penalise asylum seekers who arrive in Member States of the European Union without entry clearance with imposition of fines and/or imprisonment. (ii) institute harsh penalties, including imprisonment for life when justified and proportionate, for human traffickers enabling asylum seekers to enter the territory of Member States by illicit means.
Amendment 1271 #
Amendment 1329 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k a (new)
Article 11 – paragraph 1 – point k a (new)
(ka) where applicable, of an age assessment, including by established medical methods, of an applicant or a DNA-test to prove a family-link;
Amendment 1335 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 1362 #
2020/0279(COD)
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 of first entry 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.
Amendment 1366 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) the applicant fails to produce identification and there are reasonable grounds to believe that such failure has been caused by the applicant;
Amendment 1376 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timmmediately manner and, in any event, before any take charge request is made pursuant to Article 29d close to where the applicant entered the territory of a Member State.
Amendment 1378 #
2020/0279(COD)
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 minorschildren 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 minorchild’s legal advisor. Where necessary, Member States shall have recourse to an 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 1386 #
2020/0279(COD)
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 in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsibleswift processing of applications for international protection in Member States or reception centres in third country partner states.
Amendment 1395 #
Amendment 1396 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The best interests of the child shall be a primaryand minor shall be an important consideration for Member States with respect to all procedures provided for in this Regulation, as long as the minor did not engage in acts of violence towards other persons or property in the Member State(s). If such violent acts are committed, any special treatment due to age might be revoked at the discretion of the responsible Member State.
Amendment 1401 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Amendment 1402 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. Member States are encouraged to ensure the swift and appropriate safe placement of children while awaiting family reunification and the return to their home countries or placement in the region close to their home.
Amendment 1408 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minorchild is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the qualifications, training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.children
Amendment 1409 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minorchild. The first subparagraph shall apply to that person.
Amendment 1420 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minorchild shall be involved in the process of establishing the Member State responsible under this Regulation. The representative shall assist the unaccompanied minorchild 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.
Amendment 1441 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minorchild’s well-being and social development, taking into particular consideration the minorchild’s background;
Amendment 1450 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor or child being a victim of any form of violence and exploitation, including trafficking in human beings;
Amendment 1457 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d
Article 13 – paragraph 4 – point d
(d) the views of the minor or child, in accordance with his or her age and maturity;
Amendment 1462 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minorchild, the information provided by the representative in the Member State where the unaccompanied minorchild is present.
Amendment 1466 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 1468 #
2020/0279(COD)
5. Before transferring an unaccompanied minor to the Memba third country partner Sstate resfor processing and ponssible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decisionfacilitation of international protection, the Member State shall make sure that the individual poses no risk to citizens of the Member State until he or she has been transferred to a third country reception centre. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minorcitizens are taken into consideration.
Amendment 1476 #
2020/0279(COD)
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 or child’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 or child on the territory of Member States, whilst protecting the best interests of the child.
Amendment 1490 #
2020/0279(COD)
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 or child living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1496 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the situation obtaining when the application for international protection was first registered with a Member Stateshall be the Member State of first entry.
Amendment 1504 #
Amendment 1523 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 1532 #
2020/0279(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 1539 #
2020/0279(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 1542 #
2020/0279(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 1545 #
2020/0279(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 1555 #
2020/0279(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 1557 #
2020/0279(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 1574 #
2020/0279(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularllegally crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took placeapplicant can be returned to the third country in question or the applicant's country of origin. Member States are under no obligation to consider an application for asylum where the applicant illegally entered the Member State in question.
Amendment 1577 #
2020/0279(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1584 #
2020/0279(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1636 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) reject all requests for international protection made by applicants who have entered a Member State of the European Union by illegal means, or who have passed through a safe country on the way to the Member State.
Amendment 1654 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of this Regulation, the situation of a minor or child who is accompanying the applicant and meets the definition of family member shall be indissociable from that of his or her family member and the minor or child shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same principle shall be applied to children born after the applicant arrives on the territory of the Member States, without the need to initiate a new procedure for taking charge of them.
Amendment 1673 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The process of determining the Member State responsible takes place, in case the applicant has crossed the border by land, in facilities close to the point of entry or close to the border, which are equipped to register and process applications without delay; in case the applicant has entered by land or by the sea the determination shall take place at the port or the airport;
Amendment 1682 #
2020/0279(COD)
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 registeredcan be returned to his or her country of origin. Freedom of movement within the EU does not apply to applicants for asylum.
Amendment 1684 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Amendment 1686 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1688 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If, after having established the identity of the applicant, a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1708 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minorchild, the determining Member State may, where it considers that it is in the best interest of the minorchild, 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 1713 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 3 – introductory part
Article 29 – paragraph 3 – introductory part
3. In the cases referred to in paragraphs 1 and 2, the take charge request by another Member State shall be made using a standard form and including documents confirming the identity of the applicant as well as proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the applicant’s statement, enabling the authorities of the requested Member State to check whether it is responsible on the basis of the criteria laid down in this Regulation.
Amendment 1805 #
Amendment 1855 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States other than the Member State of first entry shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation.
Amendment 1867 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a risk of absconding, or when an applicant fails to produce documents proving his or her identity, Member States may detain the person concerned in order to secure transfer procedures 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.
Amendment 1957 #
2020/0279(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors, children and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.
Amendment 1975 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
Amendment 2018 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity cContributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shallmay consist of the following types:
Amendment 2035 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)
Article 45 – paragraph 1 – point b a (new)
(ba) assistance to protect the external border of the Union;
Amendment 2083 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2099 #
Amendment 2119 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2123 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
Amendment 2125 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point b
Article 47 – paragraph 4 – point b
Amendment 2128 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point c
Article 47 – paragraph 4 – point c
Amendment 2133 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 2143 #
Amendment 2178 #
Amendment 2187 #
2020/0279(COD)
2. Under the coordination of the Commission and competent Member State agencies, the Asylum Agency and the European Border and Coast Guard Agency shall draw up the list of eligible persons to be relocated and to be subject to return sponsorship. The list shall indicate the distribution of those persons among theMember States that have concluded agreements with third countries enabling the relocation to third countributing Memby partner Sstates taking into account the total number of reception centres of eligible persons to befor relocated or to be subject to return sponsorship by each contributing Member State, the nationality of those persons and the existence of meaningful links between them and the Member State of relocation or of return sponsorship. Priority shall be given to the relocation of vulnerable persons. The Asylum Agency and the Europeaion as well as a list of countries that comply with requirements to accept returns from the Member States. The list shall lay out all current agreements with regard to third country processing and facilitation of international protection as well as all third countries that comply or do not comply with requirements to accept returns or host reception centres in Border and Coast Guard Agency shall assist the Commission in monitoring the use of the solidarity poolfor third countries to be eligible for any EU funding such as development aid.
Amendment 2196 #
2020/0279(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. The Commission shall support and facilitate the procedures leading to the relocation of applicants and the implementation of return sponsorship, paying particular attention to unaccompsuccessful conclusion of agreements between Member States and third countries for the purposes of relocation to third country partner state reception centres of applicants for international protection and the facilitation of granited minors. It shall coordinate the operational aspects of relocrequests. In addition, the Commission shall also make it a priority to support by all means available, the successful implementation andof return sponsorshipagreements, including with the assistance of experts or teams of experts to be deployed by the Asylum Agencyby not providing any funds to beneficiary third countries that refuse to enter into return agreements with Member States orf the European Border and Coast Guard AgencUnion or refuse to host reception centres on their territory.
Amendment 2252 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of unaccompanied minors and children.
Amendment 2313 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shallcan contribute by means of the svolidarituntary contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2316 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2323 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 2337 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 2342 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 2353 #
Amendment 2375 #
2020/0279(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 2417 #
2020/0279(COD)
Proposal for a regulation
Article 55 – paragraph 4 – point a
Article 55 – paragraph 4 – point a
Amendment 2439 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation.
Amendment 2459 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where relocation to third country partner state reception centres is to be applied, the benefitting Member State shall identify the persons who could be relocated to third country partner state reception centres. Where the person concerned is an applicant for or a beneficiary of international protection, that Membe hosting third country partner Sstate shall take into account, where applicable,by way of agreement with one or multiple Member State(s) take into account the existence of meaningful links between the person concerned and the Membculture, language and religion of the partner Sstate of relocation. Where the identified person to be relocated is aproviding reception centre capacity. For the purposes of this regulation only Member States are competent to specify whether or not the consent of the beneficiary ofor international protection, the person concerned shall be relocated only after that person consented to relocation in writingo be relocated to a third country reception centre is required, and to legislate to this effect if necessary.
Amendment 2461 #
2020/0279(COD)
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 concerned 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. 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 2565 #
2020/0279(COD)
Proposal for a regulation
Article 71
Article 71
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
Amendments to the Long Term Residence 1. as follows: Article 4 is amended as follows: (a) paragraph is added: ‘With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be three years.rticle 71 deleted Directive Directive 2003/109/EC is amended in paragraph 1, the following sub- (This amendment applies throughout the text.)
Amendment 159 #
2020/0278(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoid, whether purposely or not, border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 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 164 #
2020/0278(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficientlyefficiently and promptly refer them to the relevant procedures which, depending on the circumstances, can be procedures for international protection or procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 . The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 170 #
2020/0278(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help toprimarily combat illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing to address the challenge of mixed flows of migrants and persons seeking international protectionensuring safety of the Member States.
Amendment 176 #
2020/0278(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In accordance with Article 2 of Regulation (EU) 2016/399, border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points, in order to prevent third-country nationals from illegally circumventing border checks. In accordance with Article 13 of Regulation (EU) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC. In accordance with Article 3 of Regulation (EU) 2016/399, border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non- refoulement.
Amendment 184 #
2020/0278(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents or any other documents supporting their claims, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
Amendment 191 #
2020/0278(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure a swift and efficient handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public health, the examination of the need for international protection and the application of return procedures.
Amendment 194 #
2020/0278(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In particular, the sScreening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. At the same timeIn particular, the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a Member State based on their request for international protection, in order to pursue such requests in another Member State or not at all.
Amendment 198 #
2020/0278(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With regard to those persons who apply for international protection, the screening shouldmay be followed by an examination of the need for international protection. It shouldmay allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thusif that would allow for speeding up that examination. The screening should also ensure that persons with special needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
Amendment 202 #
2020/0278(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The obligations stemming from this Regulation should be without prejudice to the provisions concerning responsibility for examining an application for international protection regulated in Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation] if it is not hampering the security of the external borders.
Amendment 204 #
2020/0278(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the unauthorised or illegal crossings of the external border of a Member State by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of the Eurodac Regulation for reasons other than their age, as well as to persons who have been disembarked following search and rescue operations, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions
Amendment 211 #
2020/0278(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The screening should always be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. In individual cases, wWhere required, this may include detention, subject to the national law regulating that matter.
Amendment 221 #
2020/0278(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Wherever it becomes clear beyond any doubt during the screening that a third- country national subject to it fulfils the conditions of Article 6 of Regulation (EU) 2016/399, the screening should end and the third-country national concerned should be authorised to enter the territory, without prejudice to the application of penalties as referred to in Article 5(3) of that regulation.
Amendment 233 #
2020/0278(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 240 #
2020/0278(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document mayshould therefore be considered as an indication that the holder does not fulfil the entry conditions. With the start of the operation of the Entry/Exit System leading to substitution of the stamps with an entry in the electronic system, that presumption will become even more reliable. Member States should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the Member States. The screening of such third-country nationals is clearly necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal security. By the end of the screening within the territory, the third- country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.
Amendment 246 #
2020/0278(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The screening should be completed as soon as possible, and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a Member State. Any extension of the 5 days’ time limit should be reserved forIn exceptional situations at, the external borders, where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal]limit can be extended if it is necessary for the proper conducting of the screening procedure.
Amendment 251 #
2020/0278(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Member States should determine appropriate locations for the screening at or in close proximity to the external border taking into account geography and existing infrastructures, ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. In any case, the persons under the screening procedure shall not be deemed to be on the territory of a Member State. The tasks related to the screening may be carried out in hotspot areas as referred to in point (23) of Article 2 of Regulation (EU) 2019/1896 of the European Parliament and of the Council23 . _________________ 23 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1.
Amendment 255 #
2020/0278(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399, those referred to in Article 5 of the [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115. Child protection authorities shouldmay also be closely involved in the screening wherever necessary to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. Member States should involve the national Rapporteurs for Anti- trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 . _________________ 24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.
Amendment 257 #
2020/0278(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 264 #
2020/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 277 #
2020/0278(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to. In the former case, the authorities responsible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of the third-country national concerned to an accelerated examination procedure or to the border procedure.
Amendment 287 #
2020/0278(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the health authorities of the Member State concerned. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sightThe preliminary health examination should be carried out by the health authorities of the Member State concerned.
Amendment 294 #
2020/0278(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 302 #
2020/0278(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Since third-country nationals subject to the screening may not carry or disclose the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be provided for as part of the screening.
Amendment 305 #
2020/0278(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR is kept for noas longer than strictly as it is necessary for the purposes of the underlying systems and should automatically be deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive identification of persons, by making it possible to consult all identity data present in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in one go, in a fast and reliable manner, while ensuring a maximum protection of the data and avoiding unnecessary processing or duplication of data. _________________ 25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.
Amendment 313 #
2020/0278(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Given that many persons submitted to the screening may not carry or disclose any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases.
Amendment 315 #
2020/0278(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated, unless there are special circumstances justifying such repetition.
Amendment 324 #
2020/0278(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The screening should alsoprimarily assess whether the entry of the third- country nationals into the Union could pose a threat to internal security or to public policy.
Amendment 336 #
2020/0278(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.
Amendment 359 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the screening at the external borders of the Member States of all third-country nationals who have crossed the external border illegally in an unauthorised manner, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, before they are referred to the appropriate procedure.
Amendment 371 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entailinclude health checks, to identify persons posing a threat to public health, and where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 428 #
2020/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall notin no circumstances be authorised to enter the territory of a Member State.
Amendment 450 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In the cases referred to in Article 3, the screening shall be conducted at locations situated at or in proximity to the external borders. However, in any case the persons under the screening procedure shall not be deemed to be on the territory of a Member State.
Amendment 463 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. In the cases referred to in Article 3, the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area, the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstancesituations, wthere a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time- limit, the period of 5 days may be extended by a maximum of an additional 5 days limit can be extended, if it is necessary for the proper conducting of the screening procedure.
Amendment 471 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shallmay notify the Commission without delay about the exceptional circumstances referred to in paragraph 3. They shall also inform the Commission as soon as the reasons for extending the screening period have ceased to exist.
Amendment 476 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The screening referred to in Article 5 shall be carried out without delay and in any case shall be completed within 3 days from apprehension. This limit can be extended, if the screening procedure requires it.
Amendment 505 #
2020/0278(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 608 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned, to the extent this information has not been given already;
Amendment 611 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
Amendment 614 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information provided during the screening shall be given in a language which the third-country national understands or is reasonably supposed to understand. The information shall be given in writing and, in exceptional circumstances, where necessary, orally using interpretation services. It shall be provided in an appropriate manner taking into account the age and the gender of the person.
Amendment 627 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may authorise relevant and competent national, international and non-governmental organisations and bodies to provide third country nationals with information under this article during the screening according to the provisions established by national law.
Amendment 634 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Third-country nationals submitted to the screening referred to in Article 3 shall be always subject to a preliminary medical examination with a view to identifying any needs for immediate care or isolation on public health grounds, unless, based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening, the relevant competent authorities are satisfied that no preliminary medical screening is necessary. In that case, they shall inform those persons accordingly.
Amendment 638 #
2020/0278(COD)
2. Where relevant, it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation, victims of torture or have special reception or procedural needs within the meaning of Article 20 of the [recast] Reception Conditions Directive.
Amendment 644 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shallmay receive timely and adequate support in view of their physical and mental health. In the case of minors, support shall be given by personnel trained and qualified to deal with minors, and in cooperation with child protection authorities.
Amendment 664 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) biometric data, including DNA testing for age;
Amendment 83 #
2020/0277(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
Amendment 108 #
2020/0277(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarityvoluntary contribution mechanism and that all the necessary measures are put in place to prevent crisis to happen.
Amendment 122 #
2020/0277(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis. It should ensure, in particular, the effective application of the principle of solidarity and fair sharing of responsibility and the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures.
Amendment 148 #
2020/0277(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In addition to situations of crisis, Member States may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all due care. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protection or carrying out the procedures for determining the Member State responsible for examining an application for international protection. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State or a third country partner state reception centre should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the svolidarityuntary contribution mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessary.
Amendment 156 #
2020/0277(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The svolidarityuntary contribution mechanism for situations of migratory pressure as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] should be adapted to the specific needs of situations of crisis by extending the personal scope of the solidarity measures provided for in that Regulation and setting shorter deadlines.
Amendment 177 #
2020/0277(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out relocation and return sponsorship should be applied for the purpose of ensuring the proper implementation of the svolidarityuntary contribution measures in a situation of crisis, although they should be adjusted in order to take into account the gravity and urgency of that situation.
Amendment 218 #
2020/0277(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to allow Member StatesMember States are not obliged to deal with large numbers of applications for international protection in situations of crisis, a longer time limit should be set for registering the applications for international protection made during such situations of crisis. Such anespecially if large numbers of applicants are part of hybrid-warfare operations or extensortion should be without prejudice to the rights of asylum applicants guaranteed by the Charter of Fundamental Rights of the European Unionpolicies are deployed against a Member State.
Amendment 234 #
2020/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible and in any event the periods of time should only be prolonged by an additional period not exceeding eight weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection.
Amendment 244 #
2020/0277(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the swift return of illegally staying third- country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain and are not allowed to remain, by providing the competent national authorities with the necessary tools and sufficient time-frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third-country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.
Amendment 256 #
2020/0277(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to allow for the proper management of a crisis situation and ensure a proper adaptation of the relevant rules on the asylum and return procedure, the Commission should, by way of an implementing decision, authorise concerned Member States, upon their reasoned request, to apply relevant derogatory rules. Such an implementing decision could authorise one or more requesting Member States to derogate from the relevant rules Member States can apply relevant derogatory rules without prior authorisation from the Commission.
Amendment 260 #
2020/0277(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 297 #
2020/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latest from its suspension.
Amendment 304 #
2020/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 311 #
2020/0277(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 317 #
2020/0277(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 327 #
2020/0277(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 343 #
2020/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Specific rules should be set out for situations of force majeure, to allow Member States to extend the time limits set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] under strict conditions where it is impossible to comply with those time limits due to the extraordinary situation. Such extension should apply to the time limits set out for sending and replying to take charge requests and take back notifications as well as the time limit to transfer an applicant to the Member State responsible or a third country partner state reception centre.
Amendment 349 #
2020/0277(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 354 #
2020/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In such situations of force majeure, the Member State concerned should notify the Commission and, where applicable, the other Member States, of itsMember States intending to apply derogations should notify the other Member States and the Commission of their intention to apply the respective derogations from those time limits, as well as the precise reasons for their intended application, as well as the period of time during which they will be applied.
Amendment 357 #
2020/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 363 #
2020/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 367 #
2020/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 380 #
2020/0277(COD)
Amendment 388 #
2020/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 396 #
2020/0277(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Unionprinciples, in particular respect for human dignity, the right to life, the prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extradition. The Regulation should be implemented in compliance with the Charter and general principles of Union law as well as international law, including refugee protection, human rights obligation and the prohibition of refoulement.
Amendment 420 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operations, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
Amendment 437 #
2020/0277(COD)
Proposal for a regulation
Chapter II – title
Chapter II – title
II SVolidarityuntary contribution mechanism
Amendment 441 #
2020/0277(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
Amendment 446 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. For the purpose of providing svolidarituntary contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.
Amendment 453 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 457 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 463 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 536 #
2020/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eight weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.
Amendment 594 #
2020/0277(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake svolidarityuntary contribution measures within the timeframes established in Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation, it shall notify the Commission and the other Member States without delay. The Member State concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. After such notification, by way of derogation from the timeframes established by those Articles, the timeframe for undertaking solidarity measures established in those Articles shall be suspended for a maximum period of six months.
Amendment 614 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member StateMember States may suspend the examination of applications for international protection.
Amendment 626 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 633 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one yeart a time of their choosing.
Amendment 638 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. The Commissionuncil shall, by means of unan implementing decisionity:
Amendment 639 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. The Commissionuncil shall, by means of unan implementingity, decisionde:
Amendment 641 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) establish thatwhether there is a situation of crisis on the basis of the elements referred to in Article 3;
Amendment 643 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) establish that there is a need to suspend the examination of applications for international protection, while fully respecting that declaring the existence of such need is not a prerequisite for Member States to suspend the examination of applications;
Amendment 645 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
Amendment 648 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
Amendment 667 #
2020/0277(COD)
Proposal for a regulation
Article 11
Article 11
Adoption of implementing acts 1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection status in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2). 2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection status in accordance with Article 10. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3). 3. The implementing acts shall remain in force for a period not exceeding one year.rticle 11 deleted
Amendment 671 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 677 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 684 #
2020/0277(COD)
Amendment 22 #
2019/2208(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the twofoldprimary objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective,; welcomes the Commission's focuses on the rate of returns as the primary indicator of the directive’s effectiveness;
Amendment 32 #
2019/2208(INI)
Da. whereas, according to IOM data, around 81,000 African migrants returned to their home nation with the aid of the UN’s International Organization for Migration (IOM) and that such Joint initiative which costed the European Union €357 million was to be considered largely a failure1a; _________________ 1a https://www.euronews.com/2020/06/19/pa ying-for-migrants-to-go-back-home-how- the-eu-s-voluntary-return-scheme-is- failing-the-de
Amendment 45 #
2019/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of an evidence-based approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to encourage and support Member States to collect and publish qualitative and quantitative data on the implementation of the directive;
Amendment 57 #
2019/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StExpresses thaconcerns about the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, some Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawnas the effective return of third- country nationals who do not have a right to stay ifn the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasonsUnion is an essential component of an effective asylum policy;
Amendment 64 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of improving the effective implementation of the directive; highlights that such effectiveness should not only be measured in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rights;
Amendment 86 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returnsat voluntary returns should be proposed as a way to avoid unnecessary retention or detention period;
Amendment 96 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, which Member States have to extend where necessary, taking into account the specific circumstances of the individual case; stresses that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departure;
Amendment 115 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead tohelp Member States frequently refraining from granting a period for voluntary departureto manage returns more efficiently; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
Amendment 124 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remediesshould be swift and effective;
Amendment 133 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens;
Amendment 141 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 160 #
2019/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concernWelcomes the widespread automatic imposition of entry bans, which in some Member States are enforced alongside voluntary departure; stresses that this approach risks reducing incentives to comply with a return decision;
Amendment 169 #
2019/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that although the threat of imposition of an entry ban may serve ais an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans actually reduce the incentive to comply with a return decision and may increase the risk of absconding;
Amendment 175 #
2019/2208(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 185 #
2019/2208(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 191 #
2019/2208(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 203 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. NoteRecalls that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention;
Amendment 216 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of alleged children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests; stresses that there should be mandatory procedures to detect adults pretending to be children, such as bone age assessments or dental age assessments, in order to be able to put more focus on real children’s best interest;
Amendment 226 #
2019/2208(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Member States to ensure the proper implementation of the directive in all its aspects; calls on the Commission to continue monitoring this implementation and take action in the event of non- compliance;
Amendment 228 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 172 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and in particular the obligation to cooperate with the authorities at all stages of the return procedure, including by providing the information and elements that are necessary in order to assess their individual situation. The determination of their real age, through bone or dental tests, is vital in order to verify the truth of their statements on this subject, making it possible to assess their good faith, and to protect genuine unaccompanied minors by distinguishing between them and those making false claims. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention, and to the access to programmes providing logistical, financial and other material or in-kind assistance.
Amendment 204 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding fivthree days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 213 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 225 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, aAppeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decision without undue delay.
Amendment 231 #
2018/0329(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To improve the effectiveness of return procedures and avoid unnecessary delays, without negatively affecting the rights of the third-country nationals concerned, the enforcement of the return decision should not be automatically suspended in cases where the assessment of the risk to breach the principle of non- refoulement already took place and judicial remedy was effectively exercised as part of the asylum procedure carried out prior to the issuing of the related return decision against which the appeal is lodged, unless the situation of the third- country national concerned would have significantly changed since.
Amendment 247 #
2018/0329(COD)
Proposal for a directive
Recital 25
Recital 25
(25) When an illegally staying third- country national is detected during exit checks at the external borders, it may be appropriateis necessary to impose an entry ban in order to prevent future re-entry and therefore to reduce the risks of illegal immigration. When justified, following an individual assessment and in application of the principle of proportionality, aAn entry ban mayshall be imposed by the competent authority without issuing a return decision in order to avoid postponing the departure of the third- country national concerned.
Amendment 251 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justifHowever, in viedw only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficientf the illegal situation of the individuals concerned by return, detention must always remain an instrument available to Member States.
Amendment 261 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national does not cooperate with all the stages in the removal process, avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security.
Amendment 266 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged, should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 307 #
2018/0329(COD)
Proposal for a directive
Recital 35
Recital 35
(35) An appeal against a return decision taken in the context of the border procedure should not have an automatic suspensive effect in cases where there is a risk of breach of the principle of non- refoulement, there has been a significant change in the situation of the third- country national concerned since the adoption under the asylum border procedure of the decision rejecting his or her application for international protection, or if no judicial remedy was effectively exercised against the decision rejecting his or her application for international protection adopted under the asylum border procedure.
Amendment 315 #
2018/0329(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Establishing return management systems in Member States contributes to the efficiency of the return process. Each national system should provide timely information on the identity and legal situation of the third country national that are relevant for monitoring and following up on individual cases. To operate efficiently and in order to significantly reduce the administrative burden, such national return systems should be linked to the Schengen Information System, to Eurodac and to all the databases used to identify third country nationals, to facilitate and speed up the entering of return-related information, as well as to the central system established by the European Border and Coast Guard Agency in accordance with Regulation (EU) …/… [EBCG Regulation].
Amendment 334 #
2018/0329(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular migration, based on the principle of deterrence, and represents an important reason of substantial public interest.
Amendment 339 #
2018/0329(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18, or under Article 36 of Directive (EU) 2016/68019, and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Policies involving diplomatic and economic pressure should be applied in order to encourage them to do so. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680. _________________ 18Regulation (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) (OJ L 119 4.5.2016, p. 1 p. 1. 19 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 380 #
2018/0329(COD)
Proposal for a directive
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 382 #
2018/0329(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
5 Non-refoulement, bBest interests of the child, family life and state of health
Amendment 386 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 391 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at least the following criteria and any other criterion deemed useful by Member States:
Amendment 448 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the duty to provide all the elements that are necessary for establishing or verifying identity, including age through bone or dental tests;
Amendment 475 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The elements referred to in point (a) of paragraph 1 shall include the third- country nationals’ statements and documentation in their possession regarding the identity, nationality or nationalities, age and means of verifying the declared age through a bone or dental test, country or countries and place or places of previous residence, travel routes and travel documentation, and any other element that Member States may deem useful.
Amendment 562 #
2018/0329(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 589 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States mayshall impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.
Amendment 641 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing the appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breach the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio.
Amendment 658 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fivthree days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 685 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 3
Article 18 – paragraph 1 – subparagraph 3
Amendment 690 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 693 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximum period of detention of not less than three months and not more than six monthstheir choosing.
Amendment 697 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 747 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall grant a period not exceeding 248 hours to lodge an appeal against the return decisions based on a final decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation] at the border or in transit zones of the Member States.
Amendment 748 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 1
Article 22 – paragraph 6 – subparagraph 1
Amendment 750 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 2
Article 22 – paragraph 6 – subparagraph 2
Amendment 751 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 7 – subparagraph 2
Article 22 – paragraph 7 – subparagraph 2
Detention shall be for as short a period as possible, which shall in no case excemaintained four months. It may be maintained onlyat least as long as removal arrangements are in progress and executed with due diligence.