19 Amendments of Juan Ignacio ZOIDO ÁLVAREZ related to 2016/0224(COD)
Amendment 81 #
Proposal for a regulation
Recital 39a
Recital 39a
(39a) ‘In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States shouldmay accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country. WhereBy way of exception , the examination procedure should not be accelerated when a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into accounton the basis of the guidance note pursuant to Article 10 of Regulation XX/XX on the European Asylum Agency, or where the. An applicant who belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be acceleratedshould also be exempt from the accelerated examination procedure, including after it has begun, where the competent authorities find that the grounds for such a procedure do not apply. Vulnerability of applicants should be assessed throughout the border procedure and where applicable cause the exclusion from the border procedure. Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure.
Amendment 112 #
Proposal for a regulation
Recital 40b a (new)
Recital 40b a (new)
(40b a)Prior to the examination of the merits of an application for international protection, the Member State in which the application has been registered should determine the Member State responsible under Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management].
Amendment 128 #
Proposal for a regulation
Recital 40d
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply it for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that caseMember States might not subject nationals of a third country that does not cooperate sufficiently on readmission to the border procedures , since it would be unlikely in that case that the persons concerned could be swiftly returned following rejection of their applications during the border procedure for the examination of applications for international protection. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.
Amendment 195 #
Proposal for a regulation
Recital 66d a (new)
Recital 66d a (new)
(66d a)The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. To this end, the Commission should make use of its power to initiate a monitoring exercise by the European Asylum Agency in accordance with Article 14 (2) of [EUAA Regulation].
Amendment 199 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a The Member States shall oversee the implementation and functioning of, and respect for, fundamental rights in each phase of the procedures regulated by this Regulation for which they are responsible European institutions and agencies may collaborate with them by providing any support they may request.
Amendment 215 #
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
(i) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’.
Amendment 218 #
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
(i) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower per Member State, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’
Amendment 224 #
Proposal for a regulation
Article 40 – point b – paragraph 5 – point c
Article 40 – point b – paragraph 5 – point c
(c) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’.
Amendment 225 #
Proposal for a regulation
Article 40 – point b – paragraph 5 – point c
Article 40 – point b – paragraph 5 – point c
(c) ‘the applicant is of a nationality or, in the case of stateless persons, a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 20% or lower per Member State, unless a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’
Amendment 264 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Member State shallmay examine an application in a border procedure in the cases referred to in paragraph 1 where the circumstances referred to in Article 40(1), point (c), (f) or (i), apply.
Amendment 298 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enterllowed to move freely within the territory of the Member State, without prejudice to paragraphs 9 and 11. In accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast], a Member State shall take proportionate measures to ensure that applicants in the border procedure shall not be allowed to move freely within their territory and shall not decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures. Validation of detention shall be applied according to the Member State legislation.
Amendment 304 #
Proposal for a regulation
Article 41 – paragraph 6 a (new)
Article 41 – paragraph 6 a (new)
6a. In accordance with Article 8(2) of Directive XXX/XXX/EU [Reception Conditions Directive recast] and Directive XXX/XXX/EU [Return Directive recast], Member States may hold an applicant in detention as part of the border procedure provided that it proves necessary following an individual assessment of that applicant’s case and that other less coercive alternative measures cannot be applied effectively. The decision to hold an applicant in detention shall be made under the guarantees set out in Article 9 of Directive XXX/XXX/EU [Reception Conditions Directive recast], and the detention period shall be proportionate and terminated as soon as the grounds for it no longer apply. In accordance with Article 7 of Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States may restrict applicants’ freedom of movement in order to process applications in the border procedure. Member States shall use the alternatives to detention laid down in their national law in accordance with Article 8(4) of Directive XXX/XXX/EU [Reception Conditions Directive recast] that are effectively available where the grounds for detention apply, in particular for specific groups such as minors or families.
Amendment 309 #
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. When applying the border procedure to an applicant for international protection, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], without prejudice to the deadlines established in paragraph 11
Amendment 344 #
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 1
Article 41 – paragraph 11 – subparagraph 1
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. Following that period, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicable.
Amendment 373 #
Proposal for a regulation
Article 41 – paragraph 13
Article 41 – paragraph 13
13. During the examination of applications subject to a border procedure, the applicants shall be kept at or in proximity to the external border or transit zonesnational authorities may require applicants to remain in the places designated by each Member State in order to complete the border procedure. Each Member State shall notify to the Commission, [two months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out, at the external borders, in the proximity to the external border or transit zones, including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. Any changes in the identification of the locations at which the border procedure is applied, shall be notified to the Commission two months in advance of the changes taking effect.
Amendment 385 #
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where, on the capacity of thebasis of a competent national authority of the Member State concerned, it is found that the capacity of a location as notified by that Member States pursuant to paragraph 143 is temporarily insufficient to process the applicants covered by paragraph 3, that Member States may designate other locations within theits territory of the Member State and, upon notification to the Commission, shall accommodate applicants there, on a temporary basis and for the shortest , under the conditions provided for in Directive XXX/XXX/EU [Reception Conditions Directimve nrecessaryast].
Amendment 390 #
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where the capacity of Member States may, if need be, designate other locations notified by Member States pursuant to paragraph 14 is temporarily insufficient towithin their territory for the purpose of process theing applicantions covered by paragraph 3, Member States may designate other locations within the territory of the Member State and, upon notification to the Commission, accommodate applicants there, on a temporary basis and for the shortest time necessary.
Amendment 415 #
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 1520 days and shall cooperate with competent authorities.
Amendment 439 #
Proposal for a regulation
Article 41 b (new)
Article 41 b (new)
Article 41b Staff in the border procedure 1. Member States shall ensure that their staff who engage in the border procedure have been provided with an appropriate level and training in all circumstances. Member States shall ensure that applicants have effective access to non-governmental organisations in facilities used for the purposes of a border procedure. 2. Where requested by a Member State, Union bodies, offices and agencies shall provide it with rapid and tailored support in the border procedure as specified in Article 57a, in particular where that Member State experiences a significant increase of applications.