56 Amendments of Sabrina PIGNEDOLI related to 2020/0279(COD)
Amendment 260 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.
Amendment 300 #
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, an automatic 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 measureprimarily for the relocation of asylum applicants and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.
Amendment 301 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 318 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics ofThe solidarity mechanism should also apply to 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 pressure.
Amendment 334 #
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 Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘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 orand measures in the field of strengthening of capacity in the field of asylum, reception and return, orand operational support, orand measures in the external dimension.
Amendment 361 #
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 by 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 distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these 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 sponsorship.
Amendment 373 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 375 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 387 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 402 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 409 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 423 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 442 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributingthe other 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 Member State 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 sponsorship. Such contributions may not replace contributions to relocation.
Amendment 448 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 456 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 599 #
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 orit is also necessary to include the situation when the person enters the territory following a search and rescue operation. In such a situation, the Member State of relocation should be responsible if the person applies for international protection.
Amendment 1180 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1201 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1230 #
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 where the applicant is presentry.
Amendment 1498 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. When it is not possible to determine the Member State responsible on the basis of the other criteria set out in this Chapter, the Member State responsible shall be determined on the basis of the automatic solidarity mechanism set out in Chapter I of Part IV.
Amendment 1565 #
Proposal for a regulation
Article 21
Article 21
Amendment 1694 #
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 1699 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Articles 13 and 14a of Regulation (EU) XXX/XXX [Eurodac Regulation] or of a VIS hit with data recorded pursuant to Article 21 of Regulation (EC) No 767/2008, the request to take charge shall be sent within onetwo months of receiving that hit.
Amendment 1738 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1754 #
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 1760 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notified Member State to which the request is made shall confirm receipt of the notificationrequest to the Member State which made the notificationrequest within one week, unless the notified Member State to which the request is made can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27.
Amendment 1765 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1772 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notifications. requests. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 2014 #
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 types:
Amendment 2023 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) relocation of applicants who are not subject to the border procedure for the examination of an application for international protection established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];
Amendment 2029 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2042 #
Proposal for a regulation
Article 45 – paragraph 1 – point c a (new)
Article 45 – paragraph 1 – point c a (new)
(ca) relocation of illegally staying third-country nationals.
Amendment 2060 #
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. The measures set out in paragraph 1, point (c) are offered in addition to the measure provided for in paragraph 1, point (a).
Amendment 2064 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2078 #
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article 45a Automatic solidarity mechanism 1. The solidarity mechanism set out in this article shall apply automatically for the benefit of a Member State where the redistribution criteria set out in Chapter II cannot be applied. 2. The solidarity mechanism shall include the measures set out in points (a), (b) and (c) of Article 45. 3. The mechanism set out in paragraph 1 shall be binding upon all Member States. 4. The number of applicants to be relocated for each Member State shall be determined by the Commission in an implementing act by applying the key indicated in Article 54 in the preceding 12 months.
Amendment 2080 #
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2088 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 2097 #
Proposal for a regulation
Article 47
Article 47
Amendment 2146 #
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Within two weeks from the submisspresentation 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 Management 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 in the short term, the Commission shall adopt an implementing act setting out the solidarity measures.
Amendment 2148 #
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
Amendment 2149 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 2153 #
Proposal for a regulation
Article 48 – paragraph 2 – point a
Article 48 – paragraph 2 – point a
Amendment 2157 #
Proposal for a regulation
Article 48 – paragraph 2 – point b
Article 48 – paragraph 2 – point b
Amendment 2159 #
Proposal for a regulation
Article 48 – paragraph 2 – point c
Article 48 – paragraph 2 – point c
Amendment 2161 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Amendment 2166 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
Amendment 2170 #
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 3
Article 48 – paragraph 2 – subparagraph 3
Amendment 2176 #
Proposal for a regulation
Article 49
Article 49
Amendment 2200 #
Proposal for a regulation
Article 50
Article 50
Amendment 2271 #
Proposal for a regulation
Article 51
Article 51
Amendment 2302 #
Proposal for a regulation
Article 52
Article 52
Amendment 2348 #
Proposal for a regulation
Article 53
Article 53
Amendment 2385 #
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the size of the population (540% weighting);
Amendment 2389 #
(b) the total GDP (540% weighting).
Amendment 2397 #
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) the unemployment rate (20% weighting)
Amendment 2401 #
Proposal for a regulation
Article 55
Article 55