19 Amendments of Juan Ignacio ZOIDO ÁLVAREZ related to 2020/0279(COD)
Amendment 445 #
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, 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 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. In any case, contributions from the contributing Member States to European bodies, offices and agencies shall not be calculated as solidarity contributions.
Amendment 908 #
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 of a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management, with due consideration for their unique characteristics, and shall consist of the following components:
Amendment 921 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their operational capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;
Amendment 998 #
Proposal for a regulation
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(na) full deployment and use of the EU’s financial instruments in a flexible manner and tailored to the circumstances that might arise, in order to take the measures needed to apply this common framework.
Amendment 1009 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Union and Member States acting within their respective competencies shall be responsible for the implementation of the asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3.
Amendment 1064 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IVPart IV and, where appropriate, the needs of the Member States, ensuring flexible solidarity;
Amendment 1077 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Financial and operational support by the Union, including operational support for its agencies, for the implementation of the obligations shall be provided in accordance with theRegulation (EU) XXX/XXX (European Union Asylum Agency), Regulation (EU) 2019/1896 (European Border and Coast Guard), Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [Integrated Border Management Fund].
Amendment 1118 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall have national strategies in place that establish the strategic approach to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part, taking into account the specific situation of the Member States, especially their geographical location. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and. When drawing up these strategies, the Member States will take into account the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation], should also be taken into account in these strategies. _________________ 56Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
Amendment 1129 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out, whose assessments shall be given due consideration, and the Report shall include an indicative estimate of the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.
Amendment 1239 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or visa which has expired within the last two years and 6 months respectively, the application shall be made and registered in the Member State where he or she is presentthat issued the residence permit or visa.
Amendment 1247 #
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 himinformation in or hder relevant forto determininge the Member State responsible. Where the applicant is not i as soon as position at the time of the interview to submit evidence to substantisible and, except for the application of the criteria on unaccompanied minors and family members, ate the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidencelatest before the competent authority has taken a decision on the responsible Member State in accordance with this Regulation.
Amendment 1266 #
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) shallmust not be taken into account by the competent authorities, except for the application of the criteria on unaccompanied minors and family members.
Amendment 1275 #
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,The determining Member State shall inform the applicant in writing, or orally in a language the applicant understands or its comreasonably expectent authorities shall inform the applicantd to understand, 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 particularof the purpose of the personal interview referred to in Article 12, and of the assistance the Member State or non- governmental organisations can offer with regard to tracing family members or relatives. It shall also inform the applicant:
Amendment 1572 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 3 year12 months after the date on which that border crossing took place.
Amendment 1695 #
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 dimmediatelay 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 1711 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 a (new)
Article 29 – paragraph 1 – subparagraph 3 a (new)
The Member State first determined to be responsible may request another Member State to take charge of the applicant, pursuant the application of the criteria on unaccompanied minors and family members, until a decision on the application is taken and despite the expiry of the time limits laid down in the first subparagraph.
Amendment 1744 #
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 notification without drequest immediatelay and in any event within two weeks after receiving the Eurodac hit. Where the take back request is not made within the periods laid down in paragraph 1,responsibility for examining the application for international protection shall lie with the requesting Member State.
Amendment 1784 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where tThe requesteding Member State accepts to take charge of an applicant or to take back ashall immediately notify the person refconcerrned to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing without delay 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 protectionin writing or orally, in a language that he or she understands or is reasonably expected to understand, of the decision to transfer him or her to the Member State responsible, the consequences of such decision, including the time limits for carrying out the transfer and the obligations for the applicant set out in Article 9(5).The notification shall, if necessary, also include 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 2013 #
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 reflect the needs of the benefitting Member State and shall consist of the following types: