358 Amendments of Damien CARÊME related to 2020/0279(COD)
Amendment 168 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum and migration managementllocating responsibility and exercising solidarity for asylum and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Text with EEA relevance)
Amendment 184 #
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 relev, ensuring the fair sharing of responsibility antd third countries, recognising that the effectiveness of such an approach depende full respect of the rights onf all components being jointly addressed and in an integrated mannersylum-seekers, refugees and migrants.
Amendment 192 #
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 of the Member States in the field of asylum and migration management policies, by, by upholding and 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, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 198 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 211 #
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 persons in need of international protection and those who are not and in recognition 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 protectionrecognition that the responsibility for arrivals of migrants and asylum seekers in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.
Amendment 218 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 226 #
Proposal for a regulation
Recital 7
Recital 7
(7) Member States should have sufficient human and financial resources and infrastructure to effectively implement asylum and migration management policies and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.
Amendment 233 #
Proposal for a regulation
Recital 8
Recital 8
(8) Taking a strategic approach, the Commission should adopt a 5- year European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States, and should have as its objectives the continuous strengthening of access to asylum and the improvement of reception conditions in the EU.
Amendment 250 #
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 Managementn Asylum Situation Report setting out the likely evolution of the migratoryasylum situation and the preparedness of the Union and the Member States to respond and adapt to it and assessing Member States’ compliance with relevant EU law. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.
Amendment 262 #
Proposal for a regulation
Recital 13
Recital 13
(13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of migratory pressurepressure on asylum and reception systems, the Commission should monitor and regularly report on the migratoryasylum situation.
Amendment 264 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, an EU Relocation Coordinator should be appointed by the Commission. The EU Relocation Coordinator should be tasked with monitoring and coordinating the operational aspects of relocations, should act as a central point of contact and information and should assist in solving conflicts arising between Member States in the implementation of this Regulation. The EU Relocation Coordinator should, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. The office of the Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.
Amendment 269 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 281 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 293 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member Statefast, fair and efficient relocation. Relocation shall be mandatory following disembarkations after search and rescue operations as well as the arrival of applicants in a vulnerable situation and automatic in cases where no Member State can be identified as responsible in line with the criteria set out in Chapter II.
Amendment 308 #
Proposal for a regulation
Recital 17
Recital 17
(17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and should be convened by the Commission and chaired by the Relocation Coordinator. To ensure effective decision-making, Member State representatives should be empowered to take decisions on behalf of Member States during Forum meetings.
Amendment 323 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressurethe immediate relocation of persons in a vulnerable situation including people disembarked following those operations.
Amendment 332 #
Proposal for a regulation
Recital 19
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration ManagementThe annual Asylum Situation Report should set out the short- term projections of arrivals of persons in a vulnerable situation, including disembarkations anticipated for suchearch and rescue operations and the solidarity response that would be required to contribute to the needs of threspective Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measurrelocation places (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimensionfollowing such arrivals.
Amendment 343 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the CommissionThe EU Relocation Coordinator, with the assistance of Unionthe Asylum Agenciesy, should facilitate the swift relocation of eligible applicants for international protection who are not in the border procedure. Under the coordination of the CommissionEU Relocation Coordinator, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States.
Amendment 351 #
Proposal for a regulation
Recital 21
Recital 21
(21) Persons disembarked should be distributed in a proportionate manner among the Member Statesin a vulnerable situation including persons disembarked following search and rescue operations should be distributed in a proportionate manner among the Member States in a way that allows any meaningful links to a given Member State, or the applicant’s preferences when there are no such links, to be taken into account.
Amendment 363 #
Proposal for a regulation
Recital 22
Recital 22
(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures bynumber of relocation places which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distributionreference key based on the population and the GDP of each Member State. Where the ind, as well as the number of asylum applications fprom Member States to take measures in the field of capacity or the external dimensioncessed and the number of refugees admitted or resettled per capita. Where the indications from Member States would lead to a shortfall of greater than 320% of the total number of relocations identified in the Migration ManagementAsylum Situation Report, the Commission should be able to adjust the contributions of theose Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorshipose contributions fall short of their fair share.
Amendment 374 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure that support measurrelocation places are available at all times to address the specific situation of persons in a vulnerable situation including after disembarkations from search and rescue operations, where the number of disembarkations following search and rescue operationarrivals have reached 80% of the solidarity pools for one or more of the benefitting Member States, the Commission should adopt amended implementing acts increasing the total number of contributions by 50%.
Amendment 377 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 391 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 403 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 412 #
(27) The solidarity mechanism should include measures to promotensure 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 433 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should notify the type of solidarity contribunumber of relocations that they will undertake through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burdenresponsibility in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorshipin need of assistance. That reduction should be shared proportionately among the other Member States taking such measures.
Amendment 434 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) When assessing whether the asylum system of a Member State is at risk of migratory pressure the Commission, based on detailed assessment, should take account of specific and measurable factors, including the number of asylum applicants, and the reception capacity of the Member State concerned.
Amendment 443 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where the Migration Managementassessment by the Commission or the annual Asylum Situation Report identifies needs in a Member State under migratoryat risk of pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing and reception, support should immediately be provided to the Member State by the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorshiprelevant EU Agencies acting within their respective mandates and available EU funding should be used to its full potential.
Amendment 455 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the number of contributions to be made by each Member State. Such contributions should always be based on the typenumber of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.
Amendment 463 #
Proposal for a regulation
Recital 31
Recital 31
(31) A distributionreference key based on the size of the population and of the economy of the Member States as well as the number of asylum applications processed and refugees resettled or admitted per capita should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State. In order to improve integration prospects, the mechanism should also take into account the preferences of applicants and any meaningful links to a given Member State. This reference key shall also be applied where no Member State can be identified as responsible for an asylum claim on the basis of the criteria set out in this Regulation. The Commission shall consult the Asylum Agency and, where appropriate, the EU Relocation Coordinator when setting up this mechanism.
Amendment 471 #
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should also be able to takerelocate applicants, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationalsorder to prevent pressure on its asylum system. In order to incentivise voluntary solidarity, where Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressurethe solidarity pool.
Amendment 478 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, alls long as respecting the principle of non- refoulement, armay be considered as safe countries for third-country nationals.
Amendment 485 #
Proposal for a regulation
Recital 34
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 495 #
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.
Amendment 506 #
Proposal for a regulation
Recital 37
Recital 37
Amendment 513 #
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 ofTo ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection, who entered the territory of another Member State than the Member Stay have requested 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 protectionlocation in writing, and only following their written consent. 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 scheme., where such persons have expressed the desire to be relocated in writing
Amendment 522 #
Proposal for a regulation
Recital 39
Recital 39
(39) At the same time, and gGiven the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long- term resident status in a shorter period of time should be provided for. Beneficiaries of international protection should be able to obtain long- term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third- country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly. _________________ 42Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.
Amendment 527 #
(40) For reasons of efficiency and legal certainlty, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.
Amendment 529 #
Proposal for a regulation
Recital 41
Recital 41
(41) Directive XXX/XXX/EU [Reception Conditions Directive] of the European Parliament and of the Council43 should apply to theall procedure for the determination of the Member State responsible as regulated under this Regulation, subject to the limitations in the application of that Directive. _________________ 43 Directive XXX/XXX/EU (full text)
Amendment 534 #
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular carry out an individual assessment led by the relevant and independent child protection authorities, takeing due account of the minor’s well-being and social development, safety and security considerations in the short, medium and long term and the views of the minor in accordance with his or her age and maturity, including his or her individual circumstances and background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability including the appointment of an independent guardian and access to free legal assistance.
Amendment 543 #
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family lifeprivate and family life, as well as for the principle of non-discrimination, should be a primary consideration of Member States when applying this Regulation.
Amendment 548 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.
Amendment 549 #
Proposal for a regulation
Recital 44 b (new)
Recital 44 b (new)
(44b) When no other Member State can be identified as responsible for an asylum application on the basis of the criteria set out in this Regulation, the applicants who lodged their applications in the determining Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States, taking into account the applicants’ preferences. After the transfer, the Member State of allocation should examine the application as the Member State responsible.
Amendment 553 #
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 responsibility criteria or the benefitting Member State does not apply the relocation procedure where the screening regulated by [Screening Regulation] has shown that there are reasonable grounds to consider the person concerned a dangergenuine, present and sufficiently serious threat to national security or public order.
Amendment 560 #
Proposal for a regulation
Recital 46
Recital 46
(46) Family unity should be ensured in the application of this Regulation. The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated.
Amendment 567 #
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 unauthoriseonward movements. The scope of the definition of family member should 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 EU.
Amendment 575 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent, including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would not be in the best interests of the child as long as this is in the best interests of the minor. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure thatobtain individual guarantees from that Member State that it will take all necessary and appropriate measures to ensure the adequate protection of the child, and. For unaccompanied minors, this includes in particular the prompt appointment of a representative or representativesguardian and legal adviser tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied as well as prompt access to free legal assistance. When considering or implementing the transfer of a child, States should promote and facilitate the continuity and stability of the support and assistance provided to a child. States should promote and facilitate transnational cooperation between these actors, including sharing of information about the child, with the informed consent of the child. Any decision on the responsibility for a minor should be preceded by an individual assessment of his or her best interests by staffa multidisciplinary team with the necessary qualifications and expertise and the participation of his or her guardian and legal adviser.
Amendment 584 #
Proposal for a regulation
Recital 49
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for internatto establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. The assessment of family links should not further impede the family reunional protectioncess.
Amendment 587 #
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) Member States should ensure that procedures are efficient and allow applicants to be promptly relocated to other Member States, when they are not responsible under this Regulation. With a view to avoiding costly and time- consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria for reunification with family members in a particular Member State.
Amendment 591 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) In order to prevent pressure on the asylum or reception system of the determining Member State, the light procedure should be expanded to cover all applicants likely to meet any of the criteria set out in this Regulation when the Commission has determined a risk of such pressure.
Amendment 598 #
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to include the situation when the person enters the territory 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 followingFollowing relocation, including after a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protection.
Amendment 608 #
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 Member State and the applicant in the context of the procedure, of which the or sheapplicant should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are coveredThe meaning of absconding should be strictly defined. Irregular entry, lack of an address or documents proving the identity of an applicant should not, per se, constitute criteria for determining an existence of a risk of absconding.
Amendment 623 #
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of respincrease applicants' understanding of the functioning of CEAS it is necessary to improve the provision of information sibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 mognificantly. Investing in the early provision of accessible information to applicants will greatly increase the likelihood that they will understand, accept and follow the procedures of this Regulation. In order to reduce the administrative requiremenths should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removedand make effective use of common resources, the Asylum Agency should develop suitable information material, in close cooperation with the national authorities. The Asylum Agency should make full use of modern in forder to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomemation technologies when developing that material. In order to assist asylum seekers properly, the Asylum Agency should also develop audio-visual information material that can be used as a complement to written information material. The Asylum Agency should be responsible for maintaining a dedicated website with information on the functioning of the CEAS for applicants and potential applicants rdesponsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEASigned to counter the often incorrect information provided to them by smugglers. The information material developed by the Asylum Agency should be translated and made available in all of the major languages spoken by asylum seekers arriving in the Union.
Amendment 626 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) Different categories of applicants have differing information needs and information will therefore have to be provided in different ways and be adapted to those needs. It is particularly important to ensure that minors have access to child-friendly information that is specific to their needs and situation. Providing accurate, high-quality information to both accompanied and unaccompanied minors in a child-friendly environment can play an essential part both in providing a good environment for the minor but also in order to identify cases of suspected trafficking in human beings.
Amendment 627 #
Proposal for a regulation
Recital 55
Recital 55
(55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does not request to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of this or her obligations under this Regulation and of the consequences of not complying with them. The applicant should also be informed of the necessity of presenting all information which is necessary for correctly determining the Member State responsible, in particular the presence of family members or relatives in the Member States. The applicant should also be fully informed of his or her rights, including the right to an effective remedy and legal assistance. The information should be provided to the applicant in a language that he or she understands, in a concise and easily accessible form, using clear and plain language.
Amendment 630 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) The person conducting the personal interview should have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Staff interviewing applicants should also have acquired general knowledge and possess awareness of issues which could adversely affect the applicant’s ability to be interviewed, such as indicators that the person may have been tortured in the past.
Amendment 632 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon.
Amendment 638 #
Proposal for a regulation
Recital 57
Recital 57
(57) In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests, carrying a transfer, as well as in cases where the Member State of first application becomes responsible or it is impossible to carry out the transfer to the Member State primarily responsible due to a serious risk of fundamental rights violations for an individual applicant or systemic deficiencies resulting in a risk of inhuman or degrading treatment and subsequently another Member State is determined as responsible.
Amendment 643 #
(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notifications, as well as for making and deciding on appeals, should be streamlined and shortened to the greatest extent possible, while respecting the fundamental rights of applicants. The transfer and relocation of applicants with specific reception or procedural needs should be prioritised.
Amendment 655 #
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should only 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. Detention of children, whether unaccompanied or with their families, is never in their best interests and should therefore be prohibited. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and should fully respect the applicant’s fundamental rights. 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 Regulation.
Amendment 669 #
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, financial support from the Union budget should be provided. In order to incentivise Member States to give priority to theimmediately relocation ofe unaccompanied minors, persons disembarked following search and rescue missions and other applicants in a vulnerable situation a higher incentive contribution should be provided.
Amendment 676 #
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) When proposing the amount of relocation contributions, Member States should take into account the relocation support offered by cities and regions, as relocation and integration relies mainly on the actors at local level; they are therefore key actors in the achievement of meaningful solidarity and successful relocation trajectories.
Amendment 677 #
Proposal for a regulation
Recital 63 b (new)
Recital 63 b (new)
(63b) Where Member States receive financial support for relocation, in particular in line with Article 72 (2) of this Regulation, they should ensure that the local and regional authorities supporting the relocation process benefit from this financial support. To that end, Member States should take measures to support these local and regional authorities, such as providing information, technical support, and reducing unnecessary administrative barriers.
Amendment 678 #
Proposal for a regulation
Recital 63 c (new)
Recital 63 c (new)
(63c) Considering the crucial role played by local and regional authorities in the field of relocation, Member States should ensure that those local authorities, which so wish, can participate in the relocation process.
Amendment 680 #
Proposal for a regulation
Recital 64
Recital 64
(64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or and simplifying the processing of take charge requests or take back notifications, or establishing procedures for the performance of transfers.
Amendment 690 #
Proposal for a regulation
Recital 68
Recital 68
Amendment 694 #
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 under instruments of international law, including the relevant case-law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 697 #
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Information on applicants in the Union could potentially be of value for authorities in the third country from which the applicants have moved in order to seek international protection. Given the increased threat to Union information systems from third countries, Member States as well as the Union agencies responsible should take all proportionate and necessary measures to ensure that all personal data is stored in a secure way.
Amendment 702 #
Proposal for a regulation
Recital 72
Recital 72
(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passerrequests; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 713 #
Proposal for a regulation
Recital 73
Recital 73
(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present ina risk of pressure on the asylum or reception system of a Member States.
Amendment 715 #
Proposal for a regulation
Recital 74
Recital 74
(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent personelements for assessing a dependency link and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 720 #
Proposal for a regulation
Recital 77
Recital 77
(77) This Regulation respects the fundamental rights and observes the principles which are acknowledgguaranteed, in particular,EU and international law, including 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 Charter as well as the rights recognised under Articles 1, 4, 7, 24 and 47 thereof. This Regulation, with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees. Member States should therefore be appliedy this Regulation accordingly.
Amendment 727 #
Proposal for a regulation
Recital 78
Recital 78
(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodgregistered in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressureensure fast, fair, and efficient relocation, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 741 #
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 and migrationensuring access to asylum in the Union;
Amendment 759 #
Proposal for a regulation
Article 2 – paragraph 1 – point b – point 1 (new)
Article 2 – paragraph 1 – point b – point 1 (new)
(1) 'stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954.
Amendment 763 #
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 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 779 #
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 or beneficiary's family who are present on the territory of the Member States:
Amendment 786 #
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 beneficiary of international protection or his or her unmarried partner in a stable relationship, where the law or practice of the country of origin or of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,
Amendment 789 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
(ii) the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and and the adult children for whom they have charge, regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law, as well as the other children for whom they hold responsibility,
Amendment 798 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 803 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 824 #
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring twith the necessary skills and expertise, including regarding the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard his or her best interests of the child and exercising legal capacand general well-being and so that the unaccompanied minor can benefity forom the minor where necessaryrights and comply with the obligations under this Regulation;
Amendment 845 #
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the proven existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national lawfollowing an individual assessment based on objective and specific criteria in accordance with standards developed by the European Union Agency for Fundamental Rights and in line with national law, not including criteria of a general nature such as merely being an applicant within the meaning of Regulation (EU).../...[Procedures Regulation], or one’s nationality, to believe that an applicant who is subject to a transfer procedure may abscond;
Amendment 855 #
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or forrelocation including after the disembarkations following search and rescue operations as set out in Chapters I- III of Part IV of this Regulation;
Amendment 860 #
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 torelocation from a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;
Amendment 863 #
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 883 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a large number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operatirisk of pressure on the asylum or reception system’ means a situation where the capacity of a Member State’s asylum or reception system is nearing its limits, including where there is a likelihood of large number of arrivals of third-country nationals or stateless persons, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burdendisproportionate responsibility even on well-prepared asylum and reception systems and requires immediateswift action;
Amendment 899 #
Proposal for a regulation
Part II – title
Part II – title
II COMMON FRAMEWORK FOR ASYLUM AND MIGRATION MANAGEMENT
Amendment 902 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Comprehensive approach to asylum and migration management
Amendment 910 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
The Union and the Member States shall take actions in the field of asylum and migration management on the basis ofon the basis of compliance with existing commitments under international and EU law and a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:
Amendment 919 #
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 particular on resettlement and other 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 causedrivers of irregular migration and forced displacement, 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 readmissreception capacity, and preventing and combatting smuggling, and human trafficking, in full respect of international law and the objectives set out in Article 21 TEU, as well as the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration;
Amendment 929 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 937 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevencreation and expansion of safe routes to seek protection and the reduction of irregular and unsafe migration;
Amendment 948 #
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 upholds fundamental rights including the right to seek asylum;
Amendment 957 #
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 at Union borders, and recognition of third- country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;
Amendment 974 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions in accordance with [Reception Conditions Directive];
Amendment 978 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 987 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 994 #
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 systemsof the Asylum Agency;
Amendment 1004 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Union and Member States shall ensure the coherence of asylum and migration management policies, including both the internal and external components of those policies.
Amendment 1013 #
2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies.
Amendment 1017 #
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 3policies, in full compliance with their obligations under EU and international law, including with regard to fundamental rights, including the necessary human and financial resources and infrastructure.
Amendment 1027 #
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 1033 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally stayingprovide and invest in adequate reception, including measures to protect those with special reception needs;
Amendment 1043 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 1067 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide support to other Member States in the form ofthrough solidarity contributions oin the basis of needs set out in Chapters I-III of Part IVform of relocation;
Amendment 1072 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) take all reasonable and proportionate measures to impreovent and correct unauthorised movements between Member Statesinvest in adequate integration of beneficiaries of international protection.
Amendment 1079 #
2. Financial and operational support by the Union for the implementation of the obligations shall be provided in accordance with the Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [Integrated Border Management Fund].
Amendment 1084 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Governance and monitoring of the migratoryasylum situation
Amendment 1090 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a 5- year European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migrationensure access to asylum at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part and in EU primary legislation and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1094 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The European Asylum and Migration Management Strategy shall take into account the following:
Amendment 1097 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the national strategies of the Member States referred to paragraph 3 of this Article, and their compliance with EU and international law;
Amendment 1101 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) information gathered by the Commission under the Commission Recommendation No XXX on an EU Migration Preparedness and Crisis Management Mechanism hereinafter referred to as Migration Preparedness and Crisis Blueprint; the reports issued under that framework as well as the activities of the Migration Preparedness and Crisis Management Network; information gathered by the Commission and the EU Asylum Agency on the implementation of the asylum acquis;
Amendment 1113 #
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
(da) relevant reports and analyses from international organisations, NGOs and independent bodies
Amendment 1115 #
Proposal for a regulation
Article 6 – paragraph 2 – point d b (new)
Article 6 – paragraph 2 – point d b (new)
(db) the evolving jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights
Amendment 1119 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 1127 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Managementn Asylum Situation Report each year setting out the anticipated evolution of the migratoryasylum situation and the preparedness of the Union and the Member States, including any indications that the asylum or reception system of one or more Member States may be at risk of pressure or may become at risk of such pressure in the following 12 months. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and any organisations involved in such operations, 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 unaccompanied minors and other third-country nationals who are in a vulnerable situation 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. In case an assessment of pressure is subsequently carried out in one or more Member States in line with Article 50, the Asylum Situation Report shall be updated accordingly.
Amendment 1134 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first European Asylum and Migration Management Strategy shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Migration ManagementAsylum Situation Report shall be issued by [one year after the entry into force of this Regulation] at the latest.
Amendment 1136 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratoryasylum situation through regular situational reports based on good quality data and information provided by Member States, the External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, Europol and the Fundamental Rights Agency, international organisations, NGOs, and independent bodies and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network.
Amendment 1141 #
Proposal for a regulation
Article 7
Article 7
Amendment 1172 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 1188 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining itapplicant shall be automatically relocated in accordance with Article 23a.
Amendment 1196 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Where it is impossible for a Member State to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that is a real risk of a serious violation of fundamental rights for the applicant or there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.
Amendment 1198 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 1208 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 1215 #
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 dangergenuine, present and sufficiently serious threat to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsible.
Amendment 1218 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1226 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first in which that third- country national or stateless person is presentry.
Amendment 1236 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, wWhere a third-country national or stateless person who intends to make an application for international protection is in possession of a valid residence permit or a valid visavisa which has expired, the application shall be made and registered in the Member State that issued the residence permit or visawhere he or she is present.
Amendment 1243 #
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 mayshall set a time limit within the period referred to in Article 29(1) for submitting such evidencereasonable deadline for submitting such evidence taking into account the circumstances of the individual case and shall inform the applicant thereof. It shall be made possible that additional evidence is submitted after the take charge request is sent.
Amendment 1253 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Where a transfer decision is notified to the applicant in accordance with Article 32(2) and Article 57(8)has become final, the applicant shall comply with that decision.
Amendment 1256 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. TheAn applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive sanctioned for entering any Member State other than the onMember State in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligationobliged to be present where Article 31 of the Geneva Convention applies.
Amendment 1264 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities, except for the application of the criteria on unaccompanied minors and family members or where non- compliance is the consequence of circumstances beyond the applicant’s control or can be objectively justified by the applicant. A Member State may decide at any time to take charge of the applicant, in order to bring together any family relations, on humanitarian grounds based in particular on family or cultural considerations as per Article 25 of this Regulation.
Amendment 1279 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, and in particular:
Amendment 1282 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) that the right to apply for international protection does not encompass a choice by the applicant in relation to either the Member State responsible for examining the application for international protection or the Member State of relocation, with the exception of the procedure referred to in Article 23b;
Amendment 1287 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is required to be present pursuant to Article 9(4), in particular that the applicant shall only be entitled to the reception conditions as set out in Article 10(1);
Amendment 1293 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration including the specific criteria applied and Member States requested to take charge or take back in the individual case;
Amendment 1297 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of theright to a personal interview pursuant to Article 12, the procedure and aim of the interview, the consequences of non-attendance and the obligation to submit and substantiate orally or through the provision of documents information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1306 #
Proposal for a regulation
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
Amendment 1309 #
Proposal for a regulation
Article 11 – paragraph 1 – point e b (new)
Article 11 – paragraph 1 – point e b (new)
(eb) of the possibility for the applicant in the situation described in Article 23a to choose between the ten Member States with the lowest share of applicants pursuant to the reference key as referred to in Article 54;
Amendment 1314 #
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down inthe rejection of a take charge request, a transfer decision or the lack of a transfer decision, and of the right to an effective remedy before a court or tribunal in accordance with Article 33(1);
Amendment 1321 #
Proposal for a regulation
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) of the right to be granted, on request, legal assistance free of charge where the person concerned cannot afford the costs involved;
Amendment 1327 #
Proposal for a regulation
Article 11 – paragraph 1 – point k
Article 11 – paragraph 1 – point k
(k) in the case of an unaccompanied minor, of the role and responsibilities of the representativeguardian and of the procedure to file complaints against a representativeguardian in confidence and safety and in full respect of the child's right to be heard in this respect;
Amendment 1341 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose.
Amendment 1345 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1359 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11 before submitting a take charge or take back request. The applicant shall be entitled to request free legal assistance prior to the interview. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11.The determining Member State shall proactively ask questions on all aspects of the claim that would allow for the determination of the Member State responsible, as well as aspects that would preclude the transfer of an applicant due to a risk of human rights violations in line with Article 8(3).
Amendment 1365 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) the applicant has absconded and is not available to the authorities;
Amendment 1367 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) the applicant has not attended the personal interview and has not, upon request, provided justified reasons for his or her absence;
Amendment 1369 #
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) after having received the information referred to in Article 11, the applicant has already provided the information relevant to determine the Member State responsible by other means and does not request to be heard. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 29(1).
Amendment 1371 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or a take back request is made pursuant to Article 31.
Amendment 1381 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representativeguardian and, where applicable, the minor’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 1392 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The summary may either take the form of a report or a standard formmain elements to be included in the summary shall, by the end of the interview, be verified by the applicant, and, where relevant, by the guardian and/or legal adviser. This summary shall take the form of a report. The Member State shall make an audio recording of the interview. The Member State shall ensure that the applicant and/or the legal advisor or other counselloguardian, as well as the legal adviser who is representing the applicant have timely access to the summary. as soon as possible after the interview, and in any event before a transfer decision is taken.
Amendment 1406 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minor is present shall ensure that he or she iss shall ensure that unaccompanied children are represented and assisted by a representativeguardian and a legal adviser with respect to the relevant procedures provided for in this Regulation. These representatives shall have the resources, 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, and shall inform the child accordingly about the procedure.
Amendment 1410 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representativeguardian, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person.
Amendment 1415 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The representativeguardian provided for in the first subparagraph may be the same person or organisation as provided for in Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1421 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representativeguardian of an unaccompanied minor shall be involved in the process of establishing the Member State responsible under this Regulation. The representativeguardian shall assist the unaccompanied minor to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose.
Amendment 1423 #
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factorsnon-exhaustive list of factors and rights of the child:
Amendment 1428 #
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) the preservation of family life, including family reunification possibilities;
Amendment 1434 #
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development in the short, medium and long term, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background and further having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1446 #
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1463 #
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minor, the information provided by the representativeguardian in the Member State where the unaccompanied minor is present.
Amendment 1473 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall obtain individualised guarantees to 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 individual 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 decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1477 #
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 thean unaccompanied minor’s application for international protection was registered shall, as soon as possible, take appropriate action to identify the family members or relatives of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 1481 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations, as soon as possible after an application for international protection is made, whilst protecting his or her best interests. In cases where there may be a threat to the life or integrity of the minor or his or her close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety.
Amendment 1487 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
The staff of the competent authorities referred to in Article 41 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors.
Amendment 1488 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor living in the territory of another Member State pursuant to paragraph 6, the Commission shall adoptis empowered to adopt delegated acts in accordance with Article 68 concerning: (a) the identification of family members or relatives; (b) the criteria for establishing the existence of proven family links. The Commission shall, by means of implementing acts including, establish 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 1516 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1525 #
Proposal for a regulation
Article 15 – paragraph 6 – point c
Article 15 – paragraph 6 – point c
Amendment 1527 #
Proposal for a regulation
Article 15 – paragraph 6 – subparagraph 1
Article 15 – paragraph 6 – subparagraph 1
In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 13(4) and shall consult experts in the field of the rights of the child.
Amendment 1530 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of information between Member States. The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another State so as to gain information about the circumstances of reception and care arrangements in the other country or family reunion possibilities. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of an unaccompanied child is being contemplated or implemented, including providing for sharing of information about the child, with the informed consent of the child. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1566 #
Proposal for a regulation
Article 21
Article 21
Amendment 1586 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
If a third-country national or a stateless person enters into the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than threone years after the date on which the person entered the territory.
Amendment 1591 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Automatic relocation Where it is not possible to determine the Member State responsible in accordance with the criteria in this Chapter, the Member State responsible shall be identified from among the ten Member States with the lowest numbers of applicants relative to their share pursuant to the reference key referred to in Article 54, and shall be determined through the procedure outlined in 23b of this Regulation.
Amendment 1593 #
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23 b Application of the reference key 1a. Where the Member State responsible cannot be determined in accordance with the criteria set out in Chapter II, the determining Member State shall communicate to the applicant that his or her application for international protection will be examined by a Member State of allocation. 1b. On the basis of the reference key referred to in Article 54, a list of ten Member States with the lowest number of applicants relative to their share pursuant to that reference key shall be determined. 1c. The determining Member State shall communicate the list referred to in paragraph 1b, together with information about the Member States on that list, to the applicant. Within five days of that communication the applicant shall be given the opportunity to select three Member States of allocation in order of preference among the Member States included in the list. If the applicant does not select a Member State in accordance with the first subparagraph of this paragraph, the determining Member State shall allocate the applicant to the Member State on the list with the lowest number of applicants relative to their share pursuant to the reference key referred to in Article 54 when the list was compiled in accordance with paragraph 1b of this Article.
Amendment 1594 #
Proposal for a regulation
Article 23 c (new)
Article 23 c (new)
Article 23 c Commission delegated acts for the automated mechanism The Commission is empowered to adopt delegated acts in accordance with Article 68 concerning the methods for automatically applying: (a) the reference key in Article 54, and (b) the procedure in Article 23b. In exercising its powers to adopt delegated acts, the Commission shall consult the Asylum Agency. The Commission shall also consult the EU Relocation Coordinator with regard to the application of these Articles to Part IV of this Regulation.
Amendment 1595 #
Proposal for a regulation
Part III – Chapter III – title
Part III – Chapter III – title
III DEPENDENT PERSONS AND, DISCRETIONARY CLAUSES AND LIGHT PROCEDURES
Amendment 1599 #
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her childspouse, child, sibling or parent legally resident in one of the Member States, or his or her childspouse, child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that childspouse, child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the childspouse, child, sibling or parent or the applicant is able to take care of the dependent person and that having been informed of this possibility, the persons concerned expressed their desire in writing.
Amendment 1601 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a childspouse, child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the childspouse, child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1604 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the childspouse, child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the childspouse, child, sibling or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or parent of the applicant to its territory.
Amendment 1609 #
Proposal for a regulation
Article 24 – paragraph 3 – point c
Article 24 – paragraph 3 – point c
Amendment 1610 #
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 1 (new)
Article 24 – paragraph 3 – subparagraph 1 (new)
In exercising its powers to adopt delegated acts, the Commission shall consult experts in the field of the rights of the child, medicine and social welfare.
Amendment 1627 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 1630 #
Proposal for a regulation
Article 25 b (new)
Article 25 b (new)
Amendment 1639 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) take back, under the conditions laid down in Articles 31 and 35 of this Regulation, an applicant or a third-country national or a stateless person in relation to whom that Member State has been indicated as the Member State responsible under Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 1641 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1650 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1662 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The obligation laid downs specified in Article 26(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it can be established, on the basis of the update of the data set referred to in Article 11(2)(c) of Regulation (EU) XXX/XXX [Eurodac Regulation], that the person concerned has left the territory of the Member States, on either a compulsory shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant as referred to in Article 26, that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession orf a voluntary basis, in compliance with a return decisalid residence document issued by the Member State responsible. An application registered after the periond or removal order issued followf absence referred to ing the withdrawal or rejection of the applicationfirst subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1664 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
Amendment 1669 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation] or, where applicable, the Member State of relocation shall start the process of determining the Member State responsible without delay.
Amendment 1677 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Member State where an application is first registered or, where applicable, the Member State of relocation shall continue the process of determining the Member State responsible if the applicant leaves the territory of that Member State without authorisation or is otherwise not available to the competent authorities of that Member State.
Amendment 1679 #
Proposal for a regulation
Article 28 – paragraph 3 – introductory part
Article 28 – paragraph 3 – introductory part
3. The Member State which has conducted the process of determining the Member State responsible or which has become responsible pursuant to Article 8(4) of this Regulation or by relocation of the applicant to its territory shall indicate in Eurodac without delay pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]:
Amendment 1680 #
Proposal for a regulation
Article 28 – paragraph 3 – point b a (new)
Article 28 – paragraph 3 – point b a (new)
(ba) its responsibility following relocation pursuant to Article 23a or Part IV of this Regulation
Amendment 1690 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If 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 twohree months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1696 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 1709 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, the determining Member State may, where it considers that it is in the best interest of the minor minor, or the request is based on Article 16, 17, 18 or 24, the determining Member State shall, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1716 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within one monthtwo weeks of receipt of the request.
Amendment 1719 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1724 #
Proposal for a regulation
Article 30 – paragraph 4 – introductory part
Article 30 – paragraph 4 – introductory part
4. The Commission shall, by means of implementis empowered to adopt delegated acts ing actscordance with Article 68, establishing, and reviewing periodically, two lists, indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1726 #
Proposal for a regulation
Article 30 – paragraph 4 – point a – point ii
Article 30 – paragraph 4 – point a – point ii
(ii) the Member States shall provide the Committee provided for in Article 67ssion with models of the different types of administrative documents, in accordance with the typology established in the list of formal proofs;
Amendment 1728 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. The requested Member State shall acknowledge its responsibility if the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibilityafter considering all available circumstantial evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship.
Amendment 1736 #
Proposal for a regulation
Part III – Chapter V – Section III – title
Part III – Chapter V – Section III – title
III Procedures for take back notificationrequests
Amendment 1741 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1750 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notificationrequest without delay and in any event within two weeks after receiving the Eurodac hit.
Amendment 1755 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. A take back notificationrequest shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned.
Amendment 1764 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notifirequested Member State shall aconfirm receipt of the notification torequest of the Member State which made the notificationrequest within onefour weeks, unless the notifirequested Member State can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27.
Amendment 1769 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notificationrequest.
Amendment 1776 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditionmethods for the preparation and submission of take back notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1778 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The determining Member State whose take charge request as regards the applicant referred to in Article 26(1), point (a) was accepted or who made a take back notification as regards persons referred to in Article 26(1), point (b), (c) and (d)or take back request was accepted shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1785 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifyr tack back of an applicant the requesting Member State shall notify the person concerned in writing without delayin one week of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection.
Amendment 1791 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. If a legal advisor or other counsellor is representing the person concerned, Member States may choose toshall notify the decision to such legal advisor or counsellor instead of to the person concerned and, where applicable, communicate the decisionas well as to the person concerned.
Amendment 1794 #
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The decision referred to in paragraph 1 shall contain information on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.
Amendment 1798 #
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together withprior to the decision referred to in paragraph 1, when that information has not been already communicated.
Amendment 1803 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.
Amendment 1807 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The applicant or another person as referred to in Article 26(1), point (b), (c) and (d) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, a failure to make a transfer decision, a rejection of a request for family reunification or a decision to reject a take charge request before a court or tribunal.
Amendment 1812 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – introductory part
Article 33 – paragraph 1 – subparagraph 1 – introductory part
The scope of the remedy shall be limited toinclude at least an assessment of:
Amendment 1813 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – point a
Article 33 – paragraph 1 – subparagraph 1 – point a
(a) whether the transfer or failure to transfer would result in a real risk of inhuman or degrading treatment for the person concerned within the meaning of Article 4 of the Charter of Fundamental Rights;
Amendment 1814 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – point a a (new)
Article 33 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) whether the transfer or failure to transfer would result in a real risk of violating other fundamental rights such as the right to family life or health
Amendment 1818 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall provide for a period of two weeksat least one month after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 1822 #
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. The person concerned shall have the right to request, within a reasonable period of time from the notification of the transfer decision, a court or tribunal to suspend the implementation of the transfer decision shall be suspended pending the outcome of his or ther applicant's appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when that request reached the competent court or tribunal.
Amendment 1825 #
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1827 #
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 2
Article 33 – paragraph 3 – subparagraph 2
Amendment 1829 #
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 3
Article 33 – paragraph 3 – subparagraph 3
Amendment 1832 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Member States shall ensure that the person concerned has access to legal assistance and, where necessary, to linguistic assistance.
Amendment 1833 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
Amendment 1851 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a Right to free legal assistance and representation 1. Without prejudice to the applicant's right to choose his or her own legal representative at his or her own cost, Member States shall provide free legal assistance and representation on matters relating to the application of this Regulation at all stages of the procedure. 2. The free legal assistance and representation shall, at least, include: (a) the provision of information on the procedure in the light of the applicant's individual circumstances; (b) assistance in the preparation of the personal interview and supporting documents and evidence to be provided as part of the interview, including participation in the personal interview as necessary; (c) explanation of the reasons for and consequences of a transfer decision as well as information as to how to challenge that decision or how to access remedies in situations where no transfer decision is taken pursuant to Article 33. 3. In complying with this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered. 4. Procedures for access to legal assistance shall be laid down in national law.
Amendment 1869 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. WOnly where there is a risk of abscondingserious and proven risk of absconding and as a last resort, Member States may detain the person concernedapplicant 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 1872 #
Proposal for a regulation
Article 34 – paragraph 3 – introductory part
Article 34 – paragraph 3 – introductory part
3. Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out. Detention is never in the best interests of children and the detention of minors under this Regulation shall therefore be prohibited. Member States shall accommodate minors and families with minors in non-custodial, community- based placements while their application is processed. Unaccompanied children shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into consideration their views.
Amendment 1879 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notificationrequest shall not exceed two weeks from the registration of the application. Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notificationrequest shall not exceed one week from the date on which the person was placed in detention. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply on a take charge request. Such reply shall be given within one week of receipt of the take charge request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.
Amendment 1886 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Article 34 – paragraph 3 – subparagraph 2 – introductory part
Where a personn applicant is detained pursuant to this Article, the transfer of that person from the requesting or notifying Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within four weeks of:
Amendment 1888 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 – point a
Article 34 – paragraph 3 – subparagraph 2 – point a
(a) the date on which the request was accepted or the take back notification was confirmed, or
Amendment 1892 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 3
Article 34 – paragraph 3 – subparagraph 3
Where the requesting or notifying Member State fails to comply with the time limits for submitting a take charge request or take back notificationrequest or to take a transfer decision within the time limit laid down in Article 32(1) or where the transfer does not take place within the period of four weeks referred to in the third subparagraph of this paragraph, the person shall no longer be detained. Articles 29, 31 and 35 shall continue to apply accordingly.
Amendment 1894 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a personn applicant is detained pursuant to this Article, the detention shall be ordered in writing by judicial authorities. The detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively.
Amendment 1903 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of the acceptance of the take charge request or of the confirmation of the take back notificationor take back request by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). Tin accordance with Article 33(3). In the case of take charge request only, that time limit may be extended up to a maximum of one year if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 1916 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 3
Article 35 – paragraph 1 – subparagraph 3
Amendment 1918 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 4
Article 35 – paragraph 1 – subparagraph 4
The Member State responsible shall inform the requesting or notifying Member State, as appropriate,Member State of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.
Amendment 1923 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
Amendment 1926 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1931 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission shall, by means of implementing acts, establish uniform conditionmethods for the consultation and exchange of information between Member States, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1937 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Member State carrying out the transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) or (d), shall communicate to the Member State responsible such personal data concerning the person to be transferred as is adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable asylum legal instruments. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities in under national law have sufficient time to take the necessary measures.
Amendment 1941 #
Proposal for a regulation
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
(a) any immediate measures which the Member State responsible is required to take in order to ensure that the special needs of the person to be transferred are adequately addressed, including any immediate health care that may be required and, where relevant, any arrangements needed to uphold the best interest of the child;
Amendment 1948 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of implementing acts, draw upis empowered to adopt delegated acts in accordance with Article 68 concerning a standard form for the transfer of the data required pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 1950 #
Proposal for a regulation
Article 38
Article 38
Amendment 1960 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The transferring Member State shall only transmit the information referred to in paragraph 1 to the Member State responsible after having obtained the explicit consent of the applicant and/or of his or her representativeguardian or when such transmission is necessary to protect public health and public security, or, where the person concerned is physically or legally incapable of giving his or her consent, to protect the vital interests of the person concerned or of another person. The lack of consent, including a refusal to consent, shall not constitute an obstacle to the transfer.
Amendment 1968 #
Proposal for a regulation
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
(c) other information necessary for establishing the identity of the person concerned, including biometric data taken of the applicant by the Member State, in particular for the purposes of Article 57(6) of this Regulation, in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 1971 #
Proposal for a regulation
Article 40 – paragraph 2 – point d
Article 40 – paragraph 2 – point d
(d) places of residence and routes travelled;
Amendment 1976 #
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 otherA 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 1978 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Any request for information shall only be sent in the context of an individual application for international protection or transfer for the purpose of relocation. It shall set out the grounds on which it is based and, where its purpose is to check whether there is a criterion that is likely to entail the responsibility of the requested Member State, shall state on what evidence, including relevant information from reliable sources on the ways and means by which applicants enter the territories of the Member States, or on what specific and verifiable part of the applicant’s statements it is based. Such relevant information from reliable sources is not in itself sufficient to determine the responsibility and the competence of a Member State under this Regulation, but it may contribute to the evaluation of other indications relating to an individual applicant.
Amendment 1981 #
Proposal for a regulation
Article 40 – paragraph 9
Article 40 – paragraph 9
9. In each Member State concerned, a record shall be kept, in the individual file for the person concerned or in a register, of the transmission and receipt of information exchanged. The security and confidentiality of this record shall be ensured.
Amendment 1986 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, or take back notifications and, if applicable, complying with their obligations under Chapters I-III of Part IV.
Amendment 1989 #
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. The Commission shall, by means of implementing acts, establish secure electronic transmission channels between the authorities referred to in paragraph 1 and between those authorities and the Asylum Agency for transmitting information, biometric data taken in accordance with Regulation (EU) XXX/XXX [Eurodac Regulation], requests, notifications, replies and all written correspondence and for ensuring that senders automatically receive an electronic proof of delivery. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1999 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. In order to facilitate the proper functioning of the mechanisms set up under this Regulation and resolve difficulties in the application thereof, where two or more Member States encounter difficulties in their cooperation under this Regulation or in its application between them, the Member States concerned shall, upon request by one or more of them or the Commission, hold consultations without delay with a view to finding appropriate solutions within a reasonable timefour weeks of the request, in accordance with the principle of sincere cooperation. If the difficulties concern the implementation of Part IV of this Regulation, the EU Relocation Coordinator shall be invited to attend these consultations.
Amendment 2000 #
Proposal for a regulation
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. Where no solution is found under paragraph 1 or the difficulties persist, one or more of the Member States concerned may request the Commission toshall hold consultations with the Member States concerned with a view to finding appropriate solutions. The Commission shall hold such consultations without delayin four weeks of the request. The Member States concerned shall actively participate in the consultations and, as well as the Commission, take all appropriate measures to promptly resolve the matter. The Commission, as appropriate in consultation with the EU Relocation Coordinator, may adopt recommendations addressed to the Member States concerned indicating the measures to be taken and the appropriate deadlines.
Amendment 2006 #
Proposal for a regulation
Part IV – Chapter I – title
Part IV – Chapter I – title
I SOLIDARITY MECHANISMS
Amendment 2017 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity contributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shall consist of the following typesor the arrival of persons in a vulnerable situation shall consist of:
Amendment 2024 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]for international protection;
Amendment 2028 #
Proposal for a regulation
Article 45 – paragraph 1 – point a a (new)
Article 45 – paragraph 1 – point a a (new)
(aa) Relocation of beneficiaries of prima facie international protection;
Amendment 2032 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2039 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53(1); and who have requested such relocation in writing.
Amendment 2046 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2065 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2090 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
A Solidarity Forum shall comprise all Member States. The Commission, who shall be represented by officials with the power to take decisions on their behalf. The EU Relocation Coordinator shall convene and preside over the Solidarity Forum in order to ensure the smooth functioning of this Part. The Forum shall meet annually following the adoption of the Asylum Situation Report as well as according to need as identified in Part IV of this Regulation.
Amendment 2104 #
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Solidarity for arrivals of persons in a vulnerable situation and disembarkations following search and rescue operations
Amendment 2108 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. This Article and Articles 48 and 49 shall apply to search and rescue operations that generate recurring arrivals of third- country nationals or stateless persons onto the territory of a Member State and toand to persons in a vulnerable perssituations as set out in Article 49(4).
Amendment 2110 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration ManagementAsylum Situation Report referred to in Article 6(4) indicates that one or more Member States are faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protectipersons referred to in Article 45(1), point (a), (a a) and (c) that would need to be relocated in order to assist those Member States. The report shall also identify any capacity-building measures referred to in Article 45(1), point (d) which are necessary to assist the Member State concerned.
Amendment 2116 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Within two weeks of the adoption of the Migration ManagementAsylum Situation Report, the Commission shall invite all other Member States that are not expected to be faced with arrivals on their territory as referred to in paragraph 1 to provide the solidarity contributions referred to in paragraph 2. In its request, the Commission shall indicate the total number of applicantpersons to be relocated by each Member State in the form of solidarity contributions referred to in Article 45(1), point (a), (a a) and (c) by each Member State, calculated according to the distributionreference key set out in Article 54. The distributionreference key shall include the share of the benefitting Member States.
Amendment 2120 #
Proposal for a regulation
Article 47 – paragraph 4 – introductory part
Article 47 – paragraph 4 – introductory part
4. Within one month of the adoption of the Migration ManagementAsylum Situation Report, Member States shall notify the Commission of the contributions they intend to maketotal number of persons to be relocated, by completing the SAR Solidarity Response Plan set out in Annex I. Member States shall indicate whether they intend to provide contributions in the form of:
Amendment 2122 #
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
Amendment 2126 #
Proposal for a regulation
Article 47 – paragraph 4 – point b
Article 47 – paragraph 4 – point b
Amendment 2129 #
Proposal for a regulation
Article 47 – paragraph 4 – point c
Article 47 – paragraph 4 – point c
Amendment 2135 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. Where the Commission considerEU Relocation Coordinator identifies that the solidarity contributions indicated by all the Member States pursuant to paragraph 4 fall significantly short of the total solidarity contributions set out in the Migration Management Report, the CommissionAsylum Situation Report, the EU Relocation Coordinator shall convene the Solidarity Forum. The Commission shall invite Member States to adjust the number and, where relevant, the type of contributions. Member States that adjust their contributions shall submit revised SAR Solidarity Response Plans in the course of the Solidarity Forum.
Amendment 2144 #
Proposal for a regulation
Article 48 – title
Article 48 – title
Commission implementing acts for search and rescue operaolidarity contributions
Amendment 2147 #
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Within two weeks from the submission of the SAR Solidarity Response Plans referred to in Article 47(4) or two weeks from the end of the Solidarity Forum referred to in Article 47(5), and where the total solidarity contributions indicated by all the Member States in their Plans corresponds to, or is considered by the Commission to be sufficiently close to the total solidarity contributions set out in the Migration ManagementAsylum Situation Report, the Commission shall adopt an implementing act setting out the solidarity measures indicated by Member States pursuant to Article 47(4) or Article 47(5). Such measures shall constitute a solidarity pool for each Member State expected to be faced with disembarkations or the arrival of persons in a vulnerable situation in the short term.
Amendment 2151 #
Proposal for a regulation
Article 48 – paragraph 2 – introductory part
Article 48 – paragraph 2 – introductory part
2. Where the total number or type of solidarity contributions indicated by Member States pursuant to Article 47(5) still falls significantlymore than 20% short of the total solidarity contributions set out in the Migration ManagementAsylum Situation Report leading to a situation where the solidarity pool is not able to provide a foreseeable basis of ongoing support to the Member States referred to in Article 47(2), the Commission shall, within two weeks after the end of the Solidarity Forum, adopt an implementing act establishing a solidarity pool for each Member State expected to be faced with disembarkations or the arrival of persons in a vulnerable situation in the short term. That implementing act shall set out:
Amendment 2155 #
Proposal for a regulation
Article 48 – paragraph 2 – point a
Article 48 – paragraph 2 – point a
(a) the total number of third-country nationals to be covered by relocation to contribute to the needs of the Member States referred to in Article 47(2) as identified in the Migration ManagementAsylum Situation Report;
Amendment 2160 #
Proposal for a regulation
Article 48 – paragraph 2 – point c
Article 48 – paragraph 2 – point c
Amendment 2163 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Amendment 2169 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
Where one or more Member States have not submitted an SAR Solidarity Response Plan within the time limits set out in Article 47(4) and Article 47(5), the Commission shall determine the amount and type of contributions to be made by those Member States.
Amendment 2173 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 3
Article 48 – paragraph 2 – subparagraph 3
Where the Asylum Agency notifies the Commission and the Member States that 80% of the solidarity pool in the first subparagraph has been used for one or more of the benefitting Member States, the Commission shall convene the Solidarity Forum to inform the Member States of the situation and the additional needs of the Member States. Following the Solidary Forum the Commission shall adopt an amendment to the implementing act establishing a solidarity pool referred to in the first subparagraph in relation to the benefitting Member State concerned to increase the total number of third-country nationals covered by the solidarity measures referred to in point (a) of the first subparagraph by a maximum of 50%. The share of each Member State referred to in point (b) of the first subparagraph shall be amended accordingly. Where the provisions of the second subparagraph are applied and Member States have indicated that they shall contribute through return sponsorship, the share of these measures shall be increased by 50%. The measures referred to in Article 45(1), point (d) shall also be increased by a share that is in proportion to a 50% increase of that Member States share calculated according to the distribution key set out in Article 54.
Amendment 2184 #
Proposal for a regulation
Article 49 – title
Article 49 – title
Solidarity pool for persons in a vulnerable situation and search and rescue operations
Amendment 2185 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Within two weeks of the adoption of the implementing act referred to in Article 48(1) or Article 48(2), the Member State referred to in Article 47(2) shall notify the CommissionEU Relocation Coordinator of its request for solidarity support. Following that request, the CommissionEU Relocation Coordinator shall draw on the solidarity pool and coordinate the implementation of the solidarity measures for each arrival, disembarkation or group of disembarkations taking place in a period of two weeks.
Amendment 2186 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Under the coordination of the Commission, the Asylum Agency and the European Border and Coast GuardEU Relocation Coordinator, the Asylum 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 the contributing Member States taking into account the total number of persons to be 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. Eligible persons shall be consulted in the course of rdeturn sponsorship. Priority shall be given to the relocation of vulnerable persons. The Asylum Agency and the European Border and Coast Guardermining meaningful links and shall have the right to object to such categorisation. Priority shall be given to the relocation of unaccompanied minors and other persons in a vulnerable situation. Where a person has meaningful links to more than one Member State, the person’s preference shall prevail. Where no meaningful links can be determined, the procedure in Article 23b(b) and (c) shall apply. The Asylum Agency shall assist the Commission in monitoring the use of the solidarity pool.
Amendment 2189 #
Proposal for a regulation
Article 49 – paragraph 3 – introductory part
Article 49 – paragraph 3 – introductory part
3. Where the Commission has adopted a report concluding that a Member State referred to in Article 47(2) is under migratory pressureat risk of pressure on its asylum or reception system as set out in Article 51(3), the remaining solidarity contributions from the solidarity pool established under Article 48(1) or Article 48(2) may be used for the purpose of immediately alleviating the migratoryreducing the risk of pressure on that Member State. In such cases, the provisions of paragraph 2 shall apply.
Amendment 2190 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1
Article 49 – paragraph 3 – subparagraph 1
Amendment 2193 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 2
Article 49 – paragraph 3 – subparagraph 2
Where the solidarity pool referred to in the first subparagraph is insufficient for the purpose of immediately alleviating the challenges faced by the Member State referred to in Article 47(2), solidarity contributions from the solidarity pool of the other Member States established under Article 48(1) or Article 48(2) may be used insofar as this does not jeopardize the functioning of the pool for those Member States.
Amendment 2194 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 2197 #
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. The CommissionEU Relocation Coordinator shall support and facilitate the procedures leading to the relocation of applicants and the implementation of return sponsorship, paying particular attention to unaccompanied minors. It and other persons in a vulnerable situation. They shall coordinate the operational aspects of relocation and return sponsorship, including with the assistance of experts or teams of experts to be deployed by the Asylum Agency or the European Border and Coast Guard Agency.
Amendment 2203 #
Proposal for a regulation
Article 50 – title
Article 50 – title
50 Assessment of migratory pressurepressure on the asylum or reception system
Amendment 2205 #
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
1. The Commission shall assess the migratoryasylum situation in a Member State where:
Amendment 2206 #
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) that Member State has informed the Commission that it considers itself to be under migratory asylum or reception system to be at risk of pressure; or
Amendment 2212 #
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) on the basis of available information, it considers that the asylum or reception system of a Member State may be under migratoryat risk of pressure.
Amendment 2213 #
Proposal for a regulation
Article 50 – paragraph 1 – point b a (new)
Article 50 – paragraph 1 – point b a (new)
(ba) The Council or European Parliament requests it to carry out such an assessment
Amendment 2218 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.
Amendment 2220 #
Proposal for a regulation
Article 50 – paragraph 3 – introductory part
Article 50 – paragraph 3 – introductory part
3. The assessment of migratory pressure shall cover the situation in the Member State concerned during the preceding sixtwelve months, compared to the overall situation in the Union, and shall be based in particular on the following information:
Amendment 2222 #
Proposal for a regulation
Article 50 – paragraph 3 – point a a (new)
Article 50 – paragraph 3 – point a a (new)
(aa) the reception capacity of the Member State
Amendment 2225 #
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2226 #
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
Amendment 2231 #
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2233 #
Proposal for a regulation
Article 50 – paragraph 3 – point e
Article 50 – paragraph 3 – point e
Amendment 2237 #
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
(f) the number of incoming and outgoing take charge requests and take back notifications in accordance with Articles 34 and 36;
Amendment 2240 #
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehended in connection with an irregular crossing of the external land, sea or air border who subsequently lodge an asylum claim;
Amendment 2246 #
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
Amendment 2255 #
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the number of applicants in a vulnerable situation and the nature of their special procedural or reception needs
Amendment 2258 #
Proposal for a regulation
Article 50 – paragraph 4 – introductory part
Article 50 – paragraph 4 – introductory part
4. The assessment of migratoryrisk of pressure shall also take into account the following:
Amendment 2261 #
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
Amendment 2265 #
Proposal for a regulation
Article 50 – paragraph 4 – point f
Article 50 – paragraph 4 – point f
(f) the Migration ManagementAsylum Situation Report referred to in Article 6(4);
Amendment 2266 #
Proposal for a regulation
Article 50 – paragraph 4 – point h
Article 50 – paragraph 4 – point h
Amendment 2269 #
Proposal for a regulation
Article 50 – paragraph 4 – point i a (new)
Article 50 – paragraph 4 – point i a (new)
(ia) information and data from international organisations, NGOs and independent bodies.
Amendment 2270 #
Proposal for a regulation
Article 50 – paragraph 4 – point j
Article 50 – paragraph 4 – point j
(j) the support provided by Union Agencies and through the Union budget to the benefitting Member State.
Amendment 2274 #
Proposal for a regulation
Article 51 – title
Article 51 – title
Report on migratory pressurepressure on the asylum or reception system
Amendment 2278 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Commission shall submit the report on migratory pressure to the European Parliament and to the Council within one month after the Commission informed them that it was carrying out an assessment pursuant to Article 50(2).
Amendment 2282 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state whether the Member State concerned is under migratoryat risk of pressure.
Amendment 2286 #
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member State concerned is under migratoryat risk of pressure, the report shall identify:
Amendment 2287 #
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) the asylum and reception capacity of the Member State under migratory pressure in the field of migration management, in particular asylum and returnat risk of pressure as well as its overall needs in managing its asylum and return caseload;
Amendment 2289 #
Proposal for a regulation
Article 51 – paragraph 3 – point a a (new)
Article 51 – paragraph 3 – point a a (new)
(aa) measures that the Member State has taken to reduce the risk of pressure;
Amendment 2290 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point i
Article 51 – paragraph 3 – point b – point i
(i) measures that the Member State under migratoryat risk of pressure should take in the field of migration management, and in particular in the field of asylum and returnto enhance its reception capacity or address shortcomings in its ability to fulfil its obligations in compliance with EU and international law;
Amendment 2295 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point ii
Article 51 – paragraph 3 – point b – point ii
(ii) measures referred to in Article 45(1), points (a), (b) and (c) to be taken by other Member States;The number of relocation places needed to reduce the risk of pressure
Amendment 2298 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2301 #
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. Where the Commission consicluders that a rapid response is required due to a developing situation in a Member Statethe Member State concerned is no longer merely at risk but actively under pressure and a rapid response is required, it shall submit its report within two weeks at the latest from the date on which it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment.
Amendment 2307 #
Proposal for a regulation
Article 52 – title
Article 52 – title
Amendment 2311 #
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 shall contribute by means of the solidarity contributions referred to inthe asylum or reception system of a Member State is at risk of pressure, Article 425(1), points (a), (b) and (c)b) and 49(3) shall apply. Member States shall prioritise the relocation of unaccompanied minors and other persons in a vulnerable situation.
Amendment 2315 #
Amendment 2324 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 2335 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 2346 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. A Member State proposing solidarity contributions set out in Article 51(3)(b)(ii), may request a deduction of 10% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding five years it has examined twice the Union average per capita of applications for international protection.
Amendment 2354 #
Proposal for a regulation
Article 53
Article 53
Amendment 2377 #
Proposal for a regulation
Article 54 – title
Article 54 – title
Amendment 2381 #
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Article 45(1), points (a), (baa) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
Amendment 2384 #
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (350% weighting);
Amendment 2391 #
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (350% weighting).
Amendment 2395 #
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) the average number of asylum requests processed per one million inhabitants (15% weighting)
Amendment 2400 #
Proposal for a regulation
Article 54 – paragraph 1 – point b b (new)
Article 54 – paragraph 1 – point b b (new)
(bb) the average number of resettled or admitted refugees per one million inhabitants (15% weighting)
Amendment 2403 #
Proposal for a regulation
Article 55
Article 55
Amendment 2429 #
Proposal for a regulation
Article 56
Article 56
Amendment 2447 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) persons referred to in Article 45(1), points (a), (a a) and (c) and in Article 45(2), point (a);
Amendment 2448 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
Amendment 2452 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
Amendment 2460 #
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, tThat Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. WThere the identified person to be relocated is a beneficiary for international protection, t applicant shall be informed and consulted in the process of determining meaningful links, shall have the opportunity to present relevant information and documentation and shall have the right to object to such categorisation. Where meaningful links exist in more than one Member State, the choice of the applicant shall prevail. Where no meaningful links can be determined, the procedure in Article 23b shall apply. The person concerned shall be relocated only after that personving consented to relocation in writing.
Amendment 2471 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Amendment 2481 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 2485 #
Proposal for a regulation
Article 57 – paragraph 6
Article 57 – paragraph 6
Amendment 2490 #
Proposal for a regulation
Article 57 – paragraph 7 – introductory part
Article 57 – paragraph 7 – introductory part
7. Where there are no reasonable grounds to consider the person concerned a danger to its national security or public order, tThe Member State of relocation shall confirm within one week that it will relocate the person concerned.
Amendment 2493 #
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 2504 #
Proposal for a regulation
Article 57 – paragraph 11
Article 57 – paragraph 11
11. The Commission is empowered to adopt delegated acts in accordance with Article 68 concerning conditions for the preparation of information and documents for the purpose of relocation. In exercising its powers, the Commission shall consult the Asylum Agency and the EU Relocation Coordinator. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation andprocedures for the submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 2510 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Member State of relocation shall inform the benefitting Member State and the EU Relocation Coordinator of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.
Amendment 2515 #
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
Article 58 – paragraph 2 – introductory part
2. Where tThe Member State of relocation shas relocated anll be responsible for examining the applicantion for whom the Member State responsible has not yet been determined, that Member State shall apply the procedures set out in Part III, with the exception of Article 8(2),international protection. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 911(1) and (2), Article 15(5), and Article 21(1) and (2)of Regulation (EU) XXX/XXX [EurodacRegulation].
Amendment 2517 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1
Article 58 – paragraph 2 – subparagraph 1
Amendment 2527 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
Amendment 2534 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
The benefitting and contributing Member States shall keep the Commission and the EU Relocation Coordinator informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country.
Amendment 2537 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Amendment 2548 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed.
Amendment 2549 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. TWithout prejudice to Chapter VI of Regulation(EU) 2016/679 the competent supervisory authority or authorities of each Member State shall monitor and enforce the lawfulness of the processing of personal data by the authorities referred to in Article 41 of the Member State in question.
Amendment 2552 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall ensure that the authorities referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Amendment 2557 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 15(63(7), 15(6), 24(3), 29(3), 30(4), 37(4),57(11) and 24(3)3c shall be conferred on the Commission for a period of 53 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5- 3-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 2558 #
Proposal for a regulation
Article 68 – paragraph 3
Article 68 – paragraph 3
3. The delegation of power referred to in Articles 15(63(7), 15(6), 24(3), 29(3), 30(4), 37(4), 57(11) and 24(3)3c may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2559 #
Proposal for a regulation
Article 68 – paragraph 6
Article 68 – paragraph 6
6. A delegated act adopted pursuant to Articles 15(63(7), 15(6), 24(3), 29(3), 30(4), 37(4), 57(11) and 24(3)3c shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 2581 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) EUR [10 000] per beneficiary of international protection relocated, including beneficiaries of prima facie refugee status, in accordance with Articles 53 and 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]; (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)
Amendment 2583 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 2587 #
Proposal for a regulation
Article 72 – paragraph 1 – point 2
Article 72 – paragraph 1 – point 2
Regulation (EU) 2021/1147
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) The contribution in points (a), (b) and (cb) is increased to EUR [12 000] for each unaccompanied minor or other person in a vulnerable situation relocated in accordance with Article 48, Article 53 and Article 56 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. (Article 72 of the Commission proposal contains amendments to the text of the proposal for a regulation establishing the Asylum and Migration Fund (COM(2018)0471). That regulation was subsequently adopted as Regulation (EU) 2021/1147 and several of its provisions were renumbered. Therefore, Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], as referred to in Article 72 of the Commission proposal, corresponds to Article 20 of Regulation (EU) 2021/1147.)