286 Amendments of Bettina VOLLATH related to 2020/0279(COD)
Amendment 187 #
Proposal for a regulation
Recital 2
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner.
Amendment 193 #
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 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 thempromoting safe and legal pathways, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 201 #
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legallyand the respect of their human rights in Member States and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling. irregular migration, migrant smuggling and trafficking, through the development of legal pathways. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons, as well as persons granted immediate protection.
Amendment 212 #
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 protection.
Amendment 258 #
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 alwayso be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable personsbinding solidarity contributions foreseen in Article 45 and, if under migratory pressure, on those provided for in Article 51 (3).
Amendment 266 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to effectively manage the Union's external border, an independent border monitoring mechanism should be set up in view of ensuring its compliance with the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the EU and International law.
Amendment 268 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 279 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 295 #
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 binding solidarity mechanism should be established which is effective and ensures that applicants have swift acces, upon arrival and disembarkation, including following search and rescue activities and operations, should be established in order to ensure effective and swift access of applicants 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 Statetrue solidarity as enshrined in Article 80 of the TFEU, among Member States, with third countries, and towards those seeking asylum according to the procedure foreseen in Article 14 and 45 of this Regulation.
Amendment 303 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 322 #
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 specificn effective processdure applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure.
Amendment 330 #
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 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 dimension.
Amendment 335 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In view of coordinating and optimising all relocation efforts, an EU Relocation Coordinator, to be appointed by the Commission, should assist and supervise the relocation coordination of applicants and beneficiaries found eligible for relocation. The EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors in the relocation and transfers. 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 that the persons eligible for relocation might have with Member States of relocation.
Amendment 342 #
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 Commission, and the EU Relocation Coordinator, with the assistance of Union Agencies, should facilitate the swift relocation and transfer of eligible applicants for international protection who are not in the border procedure. Under the , accoordination of the Commission, 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 Statesg to Article 14.
Amendment 358 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 365 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Where no meaningful links can be established, the share of solidarity contribution for each Member State shall follow the size of the population, the total GDP and its unemployment rate, according to the latest available Eurostat data.
Amendment 369 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 381 #
Proposal for a regulation
Recital 24
Recital 24
(24) TheA specific solidarity mechanism should also address the situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed towhere one or more Member States, in particular, due to their geographical location and a constant level of arrivals, including after disembarkation and search and rescue activities and operations are under migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.
Amendment 392 #
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countriesvulnerabilities of asylum applicants and migrants, irregular border crossings, the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor- made to the needs of the Member State in question.
Amendment 404 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 410 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 424 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 436 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 454 #
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 contributions to be made by each Member State. Such contributions should always be based on the type 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 460 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 465 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 477 #
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, all respectings long as they respect human rights and the principle of non- refoulement, are considered as safe countries for third- country nationals.
Amendment 484 #
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 processing of applications for international protection, namely meaningful links. _________________ 40As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.
Amendment 497 #
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 developingand the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, athe 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 503 #
Proposal for a regulation
Recital 37
Recital 37
Amendment 510 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 537 #
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, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background and should follow an independent evaluation of his or her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 554 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public order.
Amendment 569 #
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, grandparent or grandparents of the applicant. Reuniting siblingsfamily is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised 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 574 #
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 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 unauthorisedonwards 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 notminor is present, unless it is assessed not to be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and. For unaccompanied minors, in particular, the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled, as well as prompt access for free legal assistance. When considering or implementing the transfer of a minor, Member States should promote and facilitate the continuity and stability of the support and assistance provided to a minor. Member states should promote and facilitate transnational cooperation between these actors, including sharing of information about the minor, with the informed consent of the minor. Any decision to transfer an unaccompanied minor should be preceded by an individual assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 600 #
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, until the responsibility of another Member state has been determined, for a person who has irregularly entered its territory by land, air and sea, including after disembarkation and following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protections and activities.
Amendment 605 #
Proposal for a regulation
Recital 52
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 611 #
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 betweenthe Member State and the competent authorities of the Member Sstates, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obassisted by the Asylum Agency, shall ensure as soon as possible that the third country national or stateless person who intends to make an appligcations should lead to appropriate and propor to internationatel 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 coveredtection fully cooperates in matters covered by this Regulation, informing him or her of his or her rights and obligations.
Amendment 622 #
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 responsibility 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 months 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 removed in order 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 becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorisedonwards movements and increase the overall efficiency of the CEAS.
Amendment 634 #
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 640 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 656 #
Proposal for a regulation
Recital 59
Recital 59
(59) Minors and unaccompanied minors shall never be detained. The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.
Amendment 745 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a sustainable mechanism for solidarity as enshrined in Article 80 of the TFEU;
Amendment 766 #
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], and individuals awaiting an appeal decision;
Amendment 780 #
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 beneficiaries' family who are present on the territory of the Member States:
Amendment 784 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spousepartner of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,beneficiary;
Amendment 791 #
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 couplepartners referred to in the first indent or of the applicant, on condition that they are unmarriedr beneficiary, and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 797 #
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 801 #
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 adult or beneficiary of international protection is present,
Amendment 810 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings, and the grandparent or grandparents of the applicant or beneficiary;
Amendment 815 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘relative’ means the applicant’s adult aunt or uncle, or grandparentcousin who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
Amendment 827 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(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 the best interests of the child and exercising legal capacity for the minor where necessary;
Amendment 831 #
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) “Meaningful links” means any of the following: the possession of a diploma or qualification, the lawful presence of relatives, being beneficiary of a sponsorship, strong linguistic and cultural ties, previous legal stays or residence;
Amendment 847 #
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may absconlaw in the light of specific circumstances of the persons involved;
Amendment 853 #
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for, including following disembarkations following and search and rescue activities and operations as set out in Chapters I-III of Part IV of this Regulation;
Amendment 861 #
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
Amendment 869 #
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘relocation’ means the transfer of a third-country national or a stateless person, or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;
Amendment 870 #
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) the EU Relocation Coordinator is the person appointed by the Commission and defined in Article 13a of this Regulation and Article 2 (f) of the Crisis Regulation
Amendment 874 #
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘search and rescue operations’ means operations of search and rescue activities as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979; , and operations as referred to in Article 10 of Regulation (EU) 656/20141a; _________________ 1aRegulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
Amendment 882 #
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 numberone or more Member States face a constant level 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 operations, 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 burden ev, including due to disembarkation in the context of search and rescue operations, which would undermine the efficient functioning of the procedures foreseen oin well-prepared asylum and reception systems and requires immediate acArticle 14 and 45 of this Regulation;
Amendment 892 #
Proposal for a regulation
Article 2 – paragraph 1 – point z
Article 2 – paragraph 1 – point z
(z) ‘return decision’ means an administrative or judicial decision or act stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return that respectspursuant to Directive 2008/115/EC of the European Parliament and of the Council54 ; _________________ 54 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 894 #
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegalrregularly staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State.
Amendment 913 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 927 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 933 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 945 #
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 managthrough the creation and development of an adequately resourced independent monitoring mechanism in line with Article 18 and 19 of the Charter of Fundamental Rights and the principle of non-refoulement;
Amendment 965 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80 the TFEU;
Amendment 976 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 985 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 991 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 1023 #
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, as enshrined in Article 80 of the TFEU, 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 1034 #
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 and national protection procedures, grant such protection to those who are in need and ensure the dignified return tof those who are illegalrregularly staying;
Amendment 1047 #
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smugglingto ensure genuine and effective access to means of legal entry in cooperation with relevant third countries;
Amendment 1056 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) provide and invest in adequate reception conditions, including measures to protect those with special needs;
Amendment 1061 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III, Chapter I of Part IV;
Amendment 1071 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 1106 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies, including the Fundamental Rights Agency;
Amendment 1108 #
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 1111 #
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
Amendment 1135 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall monitor and provide information on the migratory 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 and notably the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and its Network, and reports provided by the organizations in Article 6 (2) (da).
Amendment 1140 #
Proposal for a regulation
Article 7
Article 7
Amendment 1185 #
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 whichresponsible for examining the application for international protection was registered shall be responsible for examining itshall be determined in accordance with the procedure laid down in Article 45.
Amendment 1195 #
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 or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditionis a real risk of serious violation of fundamental rights for the applicants inor 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 Unione beneficiary of international protection in that Member State, 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 1200 #
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 of the procedure laid down in Chapter I of Part IV, or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.
Amendment 1204 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1216 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Member State in which the applicant or a beneficiary of international protection is present shall, however, ensure that the designation of the Member State responsible does not worsen a situation where the fundamental rights of that applicant have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, that Member State must itself examine the application in accordance with the procedure laid down in Article25.
Amendment 1219 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1223 #
Proposal for a regulation
Article 9
Article 9
Amendment 1254 #
Proposal for a regulation
Article 10
Article 10
Amendment 1272 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Right to information and cooperation
Amendment 1273 #
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. As soon as possible the Member State and the competent authorities of the Member State, assisted by the Asylum Agency, shall ensure that the third country national or stateless person, who intends to make an application to international protection, fully cooperates in matters covered by this Regulation, by informing him or her:
Amendment 1274 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 1281 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 1285 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 1292 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) of the objectives of this Regulation, 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 by Member states requested or notified in the individual case;
Amendment 1299 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of the personal interview pursuant to Article 12 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 1300 #
Proposal for a regulation
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) the applicant shall be informed that his or her absconding may prejudice the conduct of the interview and that, in any case, he or she has the right to ask for the interview to be conducted;
Amendment 1302 #
Proposal for a regulation
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) of the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information that could help to establish any prior residence permits, visas or educational diplomas;. The competent authorities shall take into account the elements and information relevant for determining the Member state responsible submitted at any stage of the procedure, provided they have been submitted before the final decision determining the Member State responsible. In the period between the final decision and the actual transfer to a designated Member State, other relevant elements provided by the applicant shall be taken into consideration if the delay in submitting them is due to justified reasons.
Amendment 1311 #
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 in Article 33(1)existence of the rights to have an effective remedy with automatic suspensive effect before a Court or a Tribunal in accordance with Article 47 of the Charter of Fundamental Rights, including in a situation where no transfer decision is taken;
Amendment 1319 #
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 and linguistic assistance free of charge at all stages of the procedure, where the person concerned cannot afford the costs involved;
Amendment 1323 #
Proposal for a regulation
Article 11 – paragraph 1 – point g a (new)
Article 11 – paragraph 1 – point g a (new)
(ga) of the possibility under Article 25 to request the discretionary clause to be applied by any Member State from the Member State where they are present, as well as of the specific arrangements relating to the procedure;
Amendment 1328 #
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 1332 #
Proposal for a regulation
Article 11 – paragraph 1 – point l
Article 11 – paragraph 1 – point l
Amendment 1336 #
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 writingthe mother tongue of the applicant or, if not possible, 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. . In both cases the information shall be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. The information shall be provided in writing and orally, where appropriate with the support of multimedia equipment. Oral information may be given either in individual or group sessions and applicants shall have the possibility to ask questions about the procedural steps they are expected to follow with regard to the process of determining a Member State responsible in accordance with this Regulation. When the applicant is a minor, information shall be provided in a child-friendly manner, including in both written and oral forms by appropriately trained staff and with the involvement of the guardian, notably about the process to identify family members or relatives in accordance with Article 15 of this Regulation.
Amendment 1343 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 1350 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information. The European Union Agency for Asylum shall create specific information material intended particularly for the following target groups: (a) adult applicants; (b) unaccompanied minors; (c) accompanied minors.
Amendment 1354 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed of the progress of the procedures carried out under this Regulation with regard to their application. The information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall, in accordance with the same arrangements, inform both the minor and the parent or guardian. The Commission shall be empowered to adopt implementing acts to establish the arrangements for the provision of such information.
Amendment 1357 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 1358 #
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 Statecompetent authorities of the determining Member State, assisted by the Asylum Agency, 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 11specific individual situation of the applicant and of the information he or she supplied 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 States responsible. In any case, the presence of the legal representative of the applicant or of a representative of an institution for the protection and assistance of asylum seekers registered in the Member State shall be allowed at the interview.
Amendment 1364 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 1373 #
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 take back request pursuant to Article 31.
Amendment 1379 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in the mother tongue of the applicant or 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 1390 #
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The Member State shall ensure that there are appropriate standard operating procedures in place in order to ensure that appropriate protection measures are taken with respect to applicants at risk of being exploited for the purposes of trafficking in human beings or other organised crime activities.
Amendment 1394 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 1405 #
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 presents shall ensure that he or she isminors are represented and assisted by a representativeguardian with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the resources, qualifications, training and, expertise and independence 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.minors, and shall inform the child accordingly about the procedure. The guardian shall be appointed as soon as possible but, at the latest, within two days after the arrival, and in any event prior to the collection of biometric data pursuant to Articles 10, 13 and 14a of Regulation (EU) XXX/XXX (Eurodac Regulation)
Amendment 1411 #
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 1414 #
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 1416 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minor shall bguardian shall represent the minvolvedor in the process of establishing the Member State responsible under this Regulation. T and any other representativeight recognized to the minor. The guardian 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. , and with due regard to confidentiality obligations to the minor. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the progress in the procedures under this Regulation concerning him or her. The guardian shall have access to the content of the relevant documents in the minor's file including the specific information material for unaccompanied minors and the forms provided for in Article 6. Guardians shall receive regular training and support to undertake their tasks.
Amendment 1424 #
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 1429 #
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 1436 #
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, 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 1449 #
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 1451 #
Proposal for a regulation
Article 13 – paragraph 4 – point c a (new)
Article 13 – paragraph 4 – point c a (new)
(ca) situations of vulnerability, including psycho-physical trauma, specific health needs and disability;
Amendment 1458 #
Proposal for a regulation
Article 13 – paragraph 4 – point d a (new)
Article 13 – paragraph 4 – point d a (new)
(da) the need for decisions concerning minors to be treated with priority;
Amendment 1459 #
Proposal for a regulation
Article 13 – paragraph 4 – point d b (new)
Article 13 – paragraph 4 – point d b (new)
(db) In assessing the best interests of the minor, the minor's right to be heard must be guaranteed to every child capable of forming his or her own views.
Amendment 1461 #
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 1467 #
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 make surobtain guarantees assessed on the individual case 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 unaccompaniedor not transfer a minor shall be preceded by an individual and multidisciplinary 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 multidisciplinary staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration. The multidisciplinary assessment shall involve competent staff with expertise in child protection and child psychology and development and shall also include, as a minimum, the minor’s guardian and legal advisor. Before the transfer of a minor, the receiving Member State shall appoint a guardian as soon as possible, but in any event within five working days of the confirmation of the transfer decision. The competent authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the arrangements for the transfer.
Amendment 1480 #
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 interest. 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 1484 #
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, including training on rights of the child and child psychology and development. Such training shall also include modules on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse, as well as training on good practices to prevent disappearance.
Amendment 1491 #
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 adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1492 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1494 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Hierarchy of criteria upon arrival and disembarkation, including following search and rescue operations
Amendment 1497 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 1500 #
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. That Member State, assisted by the Asylum Agency, shall arrange, upon arrival or after disembarkation, including following search and rescue operations and activities, for an interview with the applicant in order to identify his or her meaningful links with one or more member States including that of arrival. The applicant has the right to be informed and cooperate in line with article 11 of this Regulation.
Amendment 1501 #
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
Amendment 1502 #
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2d. The Member State of entry, in cooperation with the Asylum Agency, shall inform the applicant of the determination and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 1503 #
Proposal for a regulation
Article 14 – paragraph 2 e (new)
Article 14 – paragraph 2 e (new)
2e. If no meaningful links with a Member State are established or no criteria listed in this Chapter are applicable, the procedure established in Article 45 of this Regulation shall apply.
Amendment 1505 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Amendment 1506 #
Proposal for a regulation
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, and one parent or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising family unity, taking into account the best interest of the child.
Amendment 1509 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unlessif it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member Statesin the best minor's best interest. Where the applicant is a minor, the Member State responsible shall be the Member State where the father, mother, grandparents or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 1518 #
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 1529 #
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. This may involve contact with guardianship authority, information on access to legal assistance in the event of need to appeal. The implementing acts shall also promote and facilitate cooperation between guardians and legal assistance providers between States in the event a transfer of a minor is being contemplated or implemented, including providing for sharing of information about the minor, with the informed consent of the minor. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1534 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Family members who are beneficiaries of international protectionlegally reside in a Member state
Amendment 1536 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection, regardless of whether the family was previously formed in the country of origin, who is legally residing in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1541 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 1554 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the applicant is in possession of one or more residence documents or one or more visas which expired less than three years before the application was registered, paragraphs 1, 2 and 3 shall apply.
Amendment 1556 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Previous stays If the applicant has resided legally for at least two years in a Member state with a valid residence permit, the Member state shall be responsible for examining his or her application for international protection.
Amendment 1567 #
Proposal for a regulation
Article 21
Article 21
Amendment 1582 #
Proposal for a regulation
Article 22
Article 22
Amendment 1589 #
Proposal for a regulation
Article 23
Article 23
Application in an international transit Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.rticle 23 deleted area of an airport
Amendment 1597 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age,trauma, old age, or other relevant psychological and/or physical vulnerabilities an applicant is dependentin need onf the assistance of his or her child or , sibling, parent, or grandparent legally resident in one of the Member States, or his or her child or , sibling, parent or grandparent legally resident in one of the Member States is dependentn need onf the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child or , sibling, parent, or grandparent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child or the child, sibling, parent or grandparent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1600 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a child or , sibling, parent or grandparent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child or , sibling, parent or grandparent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1607 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the child or , sibling, parent or grandparent 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 child 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, sibling, parent or grandparent is legally resident . 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 , sibling, parent or grandparent of the applicant to its territory.
Amendment 1613 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Sponsorship 1. A Member State may provide the possibility that recognised organisations working in that Member State in the field of refugee protection programmes and prevention of trafficking in human beings become the sponsor of an applicant who has applied for international protection in the Union. The sponsoring organization shall arrange for the applicant's relocation and stay in the Member State until a final decision is taken on his or her application for international protection. 2. If the Member State in which the organization is established agrees to take charge of the applicant, it becomes the Member State responsible for examining the application for international protection.
Amendment 1615 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person registerlodged with it, even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 1618 #
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family or, cultural considerations or social ties, language skills or other meaningful links which would facilitate his or her integration into that other Member state, even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.
Amendment 1620 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within twoone months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based. Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to it.
Amendment 1629 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Light Family procedure 1. The determining Member State shall be responsible for conducting a special family reunification procedure for the applicant in order to ensure swift family reunification and access to the asylum procedures for applicants where there are, prima facie, sufficient indicators showing that they are likely to have the right to family reunification in accordance with Article 13, 15, 16, 24a. 2. If it is determined pursuant to paragraphs 1 and 2 that an applicant has, prima facie, the right to family reunification in accordance with Article 13, 15, 16 24a, the determining Member State shall notify the Member State of allocation thereof and the applicant shall be transferred to that Member State. 3. In accordance with the procedure referred to in paragraph 2, the Member State of allocation shall make the determination of whether the conditions for family reunification in accordance with Article 18 are met. If this is the case the Member state of allocation shall become the Member State responsible.
Amendment 1640 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1649 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 1659 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the beneficiary does not claim before a judge that in the Member State primarily designated as responsible there are substantial grounds for believing that he or she would be in danger of being subjected to torture or inhuman or degrading treatments and punishments, in contrast with Article 4 of the EU Charter of Fundamental Rights, pursuant to Article 8 (3).
Amendment 1667 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge of or take back an applicant or another person as referred 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 of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 1691 #
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 1700 #
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 1704 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor, or the determining Member State may, where it considers that it is in the best interest of the minorrequest is based on Article 16 or 17, the determining Member State may, 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. With regard to minors, for the purpose of calculating the deadlines referred to in the first and second subparagraphs of this paragraph, time shall start to run when a guardian has been appointed and when the best interests assessment pursuant to Article 13, 15, 16, 17, 25a has been concluded.
Amendment 1739 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Submitting a take back notificationrequest
Amendment 1745 #
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. Where the take back request is not made within the established time limit, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.
Amendment 1763 #
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 is not responsibility has ceasedle pursuant to Article 27.
Amendment 1768 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-weeks period set out in paragraph 3 shall be tantamount to confirming the receipt of the notificationrequest.
Amendment 1774 #
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 notificationrequests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1781 #
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) shall take a transfer decision at the latest within one week of the acceptance or notification.
Amendment 1788 #
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 notifying 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 1793 #
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 be written in a language understandable to the applicant and 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 1808 #
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 with automatic suspensive effect, in the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.
Amendment 1811 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 1823 #
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 Member States shall ensure that an effectimve from the notificationremedy shall confer ofn the transfer decision, a court or tribunal to suspend the implementation of the transfer decisionperson concerned the right to remain in the Member state concerned pending the outcome of his or ther appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer, the transfer shall be automatically suspended 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 1826 #
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1834 #
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge, at all stages of the procedure, where the person concerned cannot afford the costs involved, according to Article 11a of this Regulation. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1838 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1844 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1845 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1848 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 4
Article 33 – paragraph 5 – subparagraph 4
Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representationbe in line with Article 11a.
Amendment 1850 #
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 5
Article 33 – paragraph 5 – subparagraph 5
Amendment 1853 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Detention shall, in any case, be a measure of last resort when alternatives are not available.
Amendment 1858 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Minors, whether accompanied or unaccompanied, and vulnerable people according to Directive 2013/33 shall not be detained. In accordance with the principle of family unity, parents or legal or customary primary caregivers shall not be detained. Unaccompanied minors shall be placed in appropriate alternative care settings in the national child protection system in line with their best interest and taking into consideration their views and needs. Families with minor children shall be accommodated together in non- custodial, community-based placements while their immigration status is being resolved.
Amendment 1866 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a proven risk of absconding, Member States, as measure of last resort, may detain the person concerned in order to secure a transfer proceduresafter a final transfer decision has been taken and notified 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 1874 #
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, and in any case shall not exceed three months.
Amendment 1883 #
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 notification 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 1895 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Where a person 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 way they could not be applied effectively.
Amendment 1899 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. As regards the detention conditions, which shall fully respect the person's fundamental rights and the guarantees applicable to applicants detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.
Amendment 1906 #
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 notificationrequest 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). 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 for criminal purposes.
Amendment 1929 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1934 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. In accordance with Article 17 of Regulation (EU) XXX/XXX [Asylum and Migration Fund], a contribution shall be paid to the Member State carrying out the transfer for theThe costs necessary to transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35to the Member state responsible shall be met by the General Budget of the Union.
Amendment 1939 #
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 1977 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
Amendment 1994 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation and with other relevant provisions of EU Law, including the Charter of Fundamental Rights.
Amendment 1995 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation, and with any other relevant provisions of EU Law including the Charter of Fundamental Rights, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.
Amendment 2015 #
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 pressureof first entry or subject to disembarkations following, including after search and rescue operations shall consist of the followand activities shall be established according to the procedure provided ing types:his Article.
Amendment 2020 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
Amendment 2034 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 2036 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 2045 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
Amendment 2058 #
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. Where no meaningful links can be established, the Commission, assisted by the Asylum Agency, shall identify the Member State with the lowest number of applicants in relation to its share, calculated on the basis of the distribution key, as the Member State responsible. The European Commission will immediately notify this Member State which will be responsible for examining the application and the Member State of first entry.
Amendment 2061 #
Proposal for a regulation
Article 45 – paragraph 1 b (new)
Article 45 – paragraph 1 b (new)
1b. The Member State of first entry, in cooperation with the Asylum Agency, shall immediately inform the applicant about the determination of responsibility as referred to in paragraph2 of this Article, and of the arrangements of the transfer to the Member State responsible for the examination, in accordance to Article 32 of this Regulation.
Amendment 2062 #
Proposal for a regulation
Article 45 – paragraph 1 c (new)
Article 45 – paragraph 1 c (new)
1c. The procedure established by this Article shall apply to applicants arrived in a Member State by land, air or sea, including after disembarkation and following search and rescue operations and activities.
Amendment 2063 #
Proposal for a regulation
Article 45 – paragraph 1 d (new)
Article 45 – paragraph 1 d (new)
1d. The share calculated according to the distribution key may be adjusted when a Member State demonstrates that over the proceeding 10 years it has been responsible for twice the Union average per capita of applicants for international protection.
Amendment 2067 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 2086 #
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 2105 #
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Solidarity for disembarkations following search and rescue activities and operations
Amendment 2107 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. This Article and Articles 148 and 495 shall also apply to search and rescue oparrivals, connected to search and rescue activities as referred to in the 1979 Internations that generate recurring arrivalsal Convention Maritime on Search and Rescue adopted in Hamburg, Germany, on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No656/2014, leading to disembarkation of third- country nationals orand stateless persons on to the territory of a Member State and to vulnerable persons as set out in Article 49(4).
Amendment 2112 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where the Migration Management Report referred to in Article 6(4) indicates that one or more Member States faced with the situations referred to in paragraph 1, it shall also set out the total number of applicants for international protection referred to in Article 45(1), point (a) 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 concernedIn the context of disembarkations following search and rescue activities and operations, as defined in paragraph 1, the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation, shall be addressed as a matter of urgency and in a spirit of solidarity, pursuant to Articles 14 and 45.
Amendment 2114 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2118 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2132 #
Amendment 2140 #
Proposal for a regulation
Article 48
Article 48
Amendment 2177 #
Proposal for a regulation
Article 49
Article 49
Amendment 2207 #
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 pressure; and
Amendment 2211 #
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 aone or more Member States may be under migratory pressure, due to a constant level of arrivals, including after disembarkation, which would undermine the effective functioning of the procedures foreseen in Articles 14 and 45 of this Regulation.
Amendment 2216 #
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, in cooperation with the Member States in question. The Commission shall inform the European Parliament, the Council and the Member States concerned, without delay, that it is undertaking an assessment.
Amendment 2221 #
Proposal for a regulation
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) the total number of applications for international protection by third-country nationals and the nationality of the applicants;
Amendment 2223 #
Proposal for a regulation
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 2227 #
Proposal for a regulation
Article 50 – paragraph 3 – point c
Article 50 – paragraph 3 – point c
Amendment 2230 #
Proposal for a regulation
Article 50 – paragraph 3 – point d
Article 50 – paragraph 3 – point d
Amendment 2235 #
Proposal for a regulation
Article 50 – paragraph 3 – point f
Article 50 – paragraph 3 – point f
Amendment 2239 #
Proposal for a regulation
Article 50 – paragraph 3 – point g
Article 50 – paragraph 3 – point g
Amendment 2242 #
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehendidentified in connection with an irregular crossing of the external land, sea or air border;
Amendment 2245 #
Proposal for a regulation
Article 50 – paragraph 3 – point i
Article 50 – paragraph 3 – point i
Amendment 2249 #
Proposal for a regulation
Article 50 – paragraph 3 – point j
Article 50 – paragraph 3 – point j
(j) the number and nationality of third- country nationals disembarked and following search and rescue operations and activities, including the number of applications for international protection;
Amendment 2251 #
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of vulnerable migrants, in particular unaccompanied minors.
Amendment 2254 #
Proposal for a regulation
Article 50 – paragraph 3 – point k a (new)
Article 50 – paragraph 3 – point k a (new)
(ka) the capacity of the Member States under migratory pressure, in particular in its overall needs in managing its asylum and reception caseload.
Amendment 2260 #
Proposal for a regulation
Article 50 – paragraph 4 – point b
Article 50 – paragraph 4 – point b
Amendment 2263 #
Proposal for a regulation
Article 50 – paragraph 4 – point f
Article 50 – paragraph 4 – point f
Amendment 2267 #
Proposal for a regulation
Article 50 – paragraph 4 – point h
Article 50 – paragraph 4 – point h
Amendment 2275 #
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission shall consult the Member States concerned during its assessment undertaken pursuant to Article 50(1).
Amendment 2281 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. In the report, the Commission shall state and explain whether the Member States concerned isare under migratory pressure.
Amendment 2285 #
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the Commission concludes that the Member States concerned isare under migratory pressure, the report shall identify:
Amendment 2288 #
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) the capacity of the Member States under migratory pressure in the field of migration management, in particular asylum and return as well as, in particular in its overall needs in managing its asylum and returception caseload;
Amendment 2292 #
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 States under migratory pressure should take in the field of migration management, and in particular in the field of asylum and returception;
Amendment 2294 #
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) andidentified by the Commission to support the Member States concerned, including: (a) capacity building measures in the field of asylum and reception, corresponding to the needs of the Member States under pressure; (cb) to be taken by other Member States; relocation of beneficiaries of international protection who have been granted protection less than two years prior to the relocation.
Amendment 2299 #
Proposal for a regulation
Article 51 – paragraph 3 – point b – point iii
Article 51 – paragraph 3 – point b – point iii
Amendment 2314 #
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 in Article 45(1), points (a), (b) and (c51(3) (b) (ii). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2317 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2325 #
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Within two weeks from the adoption of the report referred to in Article 51, Member States shall submit to the Commission a Solidarity Response Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 51(3)(b)(ii) or, where relevant, the measures set out in Article 51(3)(b)(iii) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 51(3)(b)(ii), they shall indicate the share of each.
Amendment 2329 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 2332 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Amendment 2339 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.
Amendment 2341 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 2356 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Within two weeks from the submission of the Solidarity Response Plans referred to in Article 52(3) or, where the Solidarity Forum is convened pursuant to Article 52(4), within two weeks from the end of the Solidarity Forum, the Commission shall adopt an implementing act laying down the solidarity contributions for the benefit of the Member States under migratory pressure to be taken by the other Member States and the timeframe for their implementation.
Amendment 2357 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
Amendment 2360 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Amendment 2363 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Where the measures proposed would lead to a shortfall greater than 30% of the total number of solidarity measures identified in the report on migratory pressure under Article 51(3)(b)(ii), the contributions set out in the implementing act shall be adjusted so that those Member States indicating such measures would be required to cover 50% of their share calculated according to the distribution key set out in Article 54 through measures set out in Article 51(3)(b)(ii). The CommissionCommission considers the measures proposed are inadequate, it shall adjust measures referred to in Article 51(3)(b)(iii) indicated by those Member States accordingly.
Amendment 2364 #
Proposal for a regulation
Article 53 – paragraph 3 – point a
Article 53 – paragraph 3 – point a
(a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) or (c), taking into account the capacity and needs of the requesting Member States in the area of asylum identified in the report referred to inset of measures foreseen in Article 51 (3) (b) (ii) of this Regulation, including the total number of beneficiaries of international protection pursuant to Article 51 (3) (b) (ii) (b), that shall be relocated;
Amendment 2365 #
Proposal for a regulation
Article 53 – paragraph 3 – point b
Article 53 – paragraph 3 – point b
Amendment 2366 #
Proposal for a regulation
Article 53 – paragraph 3 – point c
Article 53 – paragraph 3 – point c
Amendment 2367 #
Proposal for a regulation
Article 53 – paragraph 3 – point d
Article 53 – paragraph 3 – point d
Amendment 2370 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
Amendment 2373 #
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
Amendment 2380 #
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
The share of solidarity contributions referred to in Articles 45(1), points (a), (b) 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 and 50 to 53 shall be based on the following criteria for each Member State, according to the latest available Eurostat data:
Amendment 2383 #
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 2392 #
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the total GDP (540% weighting).
Amendment 2398 #
Proposal for a regulation
Article 54 – paragraph 1 – point b a (new)
Article 54 – paragraph 1 – point b a (new)
(ba) unemployment rate (20% weighting)
Amendment 2404 #
Amendment 2430 #
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 2432 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
Amendment 2436 #
2. Any Member State may, at any time, in response to a request for solidarity support by a Member State, or onsituations where there its own initiative, including in agreement with another Member State, make contributions by means of the measures referred to in Article 45 for the benefit of the Member State concerned and with its agreement. Contributions referred to in article 45, point (d) shall be in accordance with the objectives of Regulation (EU) XXX/XXX [Asylum Migration Fund]no migratory pressure and where the mechanism established in Article 51 -53 is not applicable, decide to relocate beneficiaries of international protection. In this case it shall inform the Commission without delay.
Amendment 2438 #
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
Amendment 2446 #
Amendment 2450 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) persons referred to in Article 45(1), point (b) where the period referred to in Article 55(2) has expired, and Article 45(2), point51(3) (b) (ii) (b).;
Amendment 2456 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned an individual and specific danger to national security or public order of that Member State, according to the procedure laid down in Article 14 (3). If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2)being relocated.
Amendment 2457 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 2466 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
Where relocation is to be applied pursuant to Article 49,, the EU relocation coordinator should support the relocation activities from the benefitting Member Sstate shall use the list drawn up by the Asylum Agency and the European Border and Coast Guard Agencyto the contributing member state implementing their obligations referred to in Article 49(213a (d).
Amendment 2473 #
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3a. Each Member State shall create a database of the requests of beneficiaries of international protection, who have been legally residing in its territory for less than two years and who have expressed their willingness to be relocated to another Member State. Each beneficiary of international protection may express up to two preferences for Member States to which he or she may be relocated. Each Member State shall regularly update the database referred to in this paragraph.
Amendment 2474 #
Proposal for a regulation
Article 57 – paragraph 3 b (new)
Article 57 – paragraph 3 b (new)
3b. The Commission shall, by means of implementing act, lay down uniform criteria for the collection, retention and deletion by the Member States of the information referred to in paragraph 1, and the organizational and operational arrangements for the implementation of relocation;
Amendment 2475 #
Proposal for a regulation
Article 57 – paragraph 3 c (new)
Article 57 – paragraph 3 c (new)
3c. When implementing the solidarity measures pursuant to Article 53(3), the benefitting Member State shall promptly inform of the activation of the relocation procedure, the beneficiaries of international protection registered in the database referred to in paragraph 1, on the basis of the chronological order of registration. Member States shall take into consideration the preferences expressed by the beneficiary of international protection. Potential beneficiaries of relocation shall express their consent to be relocated within 7 days after they have been informed, otherwise they shall be considered non-eligible for relocation. The benefitting Member State shall identify a number of beneficiaries corresponding to that established, by means of implementing act, by the Commission pursuant to Article 53.
Amendment 2477 #
Amendment 2483 #
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The benefitting Member State shall transmit to the Member State of relocation as quickly as possible the relevant information and documents on the person referred to in paragraphs 2 and 3.
Amendment 2484 #
Amendment 2489 #
Proposal for a regulation
Article 57 – paragraph 7
Article 57 – paragraph 7
Amendment 2512 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 2518 #
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. The Member State of relocation shall indicate its responsibility in Eurodac pursuant to Article 11(1) and (3), respectively, of Regulation (EU) XXX/XXX [Eurodac Regulation].
Amendment 2520 #
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
Amendment 2523 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Where the Member State of relocation has relocated a beneficiary for international protection, tThe Member State of relocation shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.
Amendment 2529 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Member State of relocation has relocated a third-country national who is illegalrregularly staying on its territory, of Directive 2008/115/EC shall apply.
Amendment 2531 #
Proposal for a regulation
Article 59
Article 59
Amendment 2545 #
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
The cost of relocation and transfer will be covered by the EU budget.
Amendment 2546 #
Proposal for a regulation
Article 61 – paragraph 1 b (new)
Article 61 – paragraph 1 b (new)
The costs of reception of an applicant met by a determining Member State, from the time when the application for international protection was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant, shall be refunded from the general budget of the Union.